Second H-1B Extension Approved After Foreign National Departed U.S. While First H-1B Extension Petition was Pending

In April 2010 we filed an H-1B extension petition on behalf of a foreign national. The foreign national had a family emergency in India and had to depart the U.S. during while the H-1B extension petition was pending. The H-1B extension petition was approved while the foreign national was outside the U.S. An extension of status petition cannot be granted for someone who is outside the U.S. so the extension petition was rendered moot. The foreign national returned to the U.S. on his existing visa and was granted H-1B status through the duration of his initial H-1B petition. The way to resolve the problem was to file another H-1B extension of status petition upon the foreign national’s return to the United States. Our firm successfully filed the second H-1B extension of status petition.

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