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Travel While an Extension of H1B Status is Pending
An H1B nonimmigrant employee is permitted to travel while an application for
Extension of the H-1B Status is pending, provided they are traveling on an
unexpired H¬I B nonimmigrant visa, except where exempt under the visa
exemption regulations, and can show that they are returning to the U.S. to
continue the previously approved H1B employment.
Under Section 222(g) of the Immigration and Nationality Act (“INA”), a
nonimmigrant alien that stays in the U.S. beyond the expiration date
indicated on their I-94 will cause their visa to become automatically
revoked, and consequently the alien will not be able to return to the US
unless he or she obtains a new visa. However, the alien’s visa will remain
valid where a timely, non-frivolous, application for Extension of Status or
Change of Status is filed, and where the alien has not engaged in unlawful
employment.