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Immigration Issues/H1B petition pending and travel aborad

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Question
I am on H4 and our I-94 was valid till Apr 3, 2007 and hence we filed for extension of stay on Mar 6th, 2007. We are still waiting for the approval. Now my application for H1B is also filed last week which is subjected to cap. Can I travel aborad in June 07?

Answer
Dear HD: Based on the insufficient facts I can answer your questions as follows:
If your current H-1B was filed as a COS you cannot travel until it has been approved.
In the event it is filed as consular processing then you can travel and reenter after obtaining an H-1B visa.
If you current H-1B is approved before June,07 with the starting date Oct 1, 2007 you travel and reenter in H-4 status prior to effective date of COS.
I would recommend that you consult with an immigration attorney and present him with your documents.

Sincerely,

Ramasamy Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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