Question

My current I-797 will expire 09/03/2018. My current H1B visa has expired in Jan 2018. I plan to go to China next week and come back in May. I will apply new H1B visa in China.

My questions are as follows:

1, Given that my I-797A is expiring in 5 months, I can still travel back to my country and apply new H1B visa, correct?

2, Suppose I apply to renew/extend my I-797A for another three years now, while the renewal is pending, can I still travel back to China?

3, Suppose the renewal/extension of my I-797A for another three years is still pending when my current I-797A comes to expiration date (09/03/2018), is it legal for me to work ? I heard that I can still work for another 8 months after the expiration date while it is pending, is that correct?

 

Thank you so much for your help!

Answer 1

1. If you are still working for the employer on your existing 797, then Yes.

2. As long as your 797 is not expired, even though the renewal is pending, you can still travel with your valid visa.

3. Yes, you are able to work for extended 240 days after the expiration.

Feel free to call 8006856947 if you have more questions.