回複：HELP: can I leave US and reenter with new H1B Stamp

Da Xia,

My current H1b will be expired on 01/10 and my attorney filed premium h1b extension last month. So far, I don't get the approval yet. Can I leave US to visit China and apply the visa stamp in China? Or I have to wait until my extension approved to leave for China?
-Yes, you can. The problem is if you get the visa using the old H1 approval notice, and after that your new h1 is approved before you enter US, your h1 status will expire on 01/10 because your new I-94 (you get it at th port of entry will override the new H1 approval I-94), and thus you have to do the h1 renewal again. So, you had better wait for the h1 extension approval and use that approval notice to get the h1 visa in China.

I already booked all tickets in Nov, need to know if I have to cancel them.

Any advice is appreciated!

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• very helpful! thx -fairrc- ♀ (0 bytes) () 11/05/2009 postreply 08:23:25