Can I travel outside the US while my I-539 is pending? 4 Answers as of May 16, 2011

My H1-B has expired and I filed an I-539 before my H1-B expired. My I-529 is now under initial review. Can I travel outside of the United States during this process? Where I am from (Bermuda) you do not need a visa to travel to the US, just one to work.

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
If you travel outside the application will be deemed abandoned. I have been practicing for over 15 years. Our immigration law firm has been in the immigration field for more than 45 years. We have handled cases with experience, integrity, and good effect. Please call me.
We offer payment plans with no interest.
Answer Applies to: New York
Replied: 5/16/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I assume the I-539 is based on some other status you want to jump to and not the H-1B, unless you are in H-4 or other H-1B related status. If that is the case, then you may be OK to travel since your Bermuda passport entitles you to a waiver of the visa requirement. Having said that, it is usually sounder advice to remain in the US while your application (any application) is pending. Without the visa waiver, you will certainly be inadmissible. But it sounds like you are safe since you are coming to the US in the way that is suited to your circumstances: expired H-1B and visa waiver. So, good luck!
Answer Applies to: California
Replied: 5/13/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You may have overstayed your visa waiver anyways. You not advised not to travel without travel document.
Answer Applies to: Florida
Replied: 5/13/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
If you filed your H-1B extension before six months prior to its expiration, then you can be given up to a full year on your application. You may travel, but take your notice from USCIS that your application under I-539 has been accepted and is under review. Make sure that you apply for I-131 Advance Parole if your travel is more than six months.
Answer Applies to: California
Replied: 5/13/2011
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