Traveling to India when the H1-B extension is pending

Hi Guys

Hope you are doing well. We are completing 6 years in the USA (under H1-B) by 08/01/2016.
My I-140 has been approved already and the H1-B extension for 3 more years based on I-140 is in progress.
It was applied on Feb 25, 2016. I had a family emergency, so I had to travel to India. I came to India on 05/25/2016 and planning to return on 06/30. My lawyer has been telling me that there will be some I-94 inconsistencies if I travel back to USA now as my extension was filed based on my old I-94 and it is not valid anymore.

Lawyer suggested to go for premium and get the approval and stamping and travel to the USA to avoild any I-94 inconsistencies.
My extension will be approved only from 08/02/2016, So lawyer says, travel on or after 7/25. So that I will get the new I-94 based on the new visa stamping.

Please can you explain this and let me know if you need any more details.


When you enter US, you have to show petition and would receive I-94 based upon that petition expiration date.

Your attorney is suggesting to enter after 7/25 and show the extended petition to get expiration date based on the extended petition.

If you are granted I-94 based on old petition, then it would expire on 8/1 and a new extension needs to be applied using the extended petition as reference.

Do you have to appear for stamping? When did the old visa stamp expired?

Hi guys,
My husband h1-b visa and my h4-EAD is under extension process. Though our previous visa expiry is in January 2019, Due to job/employer changed, the new employer had transferred his visa first send filed an extension on feb 17 2017 regular processing. We got an Rfe on july14th 2017 and employer sent a response to it by Aug 10, 2017. The status in USCIS website is updated as “Rfe response received”.

When can we expect the response from uscis?
Can we travel to India for a month when our extension is in pending, as our previous H1-B is till 2019 january.

Is there any issues with i-94?

Please suggest… Ur suggestions are appreciated.