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This question already has an answer here:

I'm currently working in US, with VISA valid uptil end of Sept. I've applied for extension, and the petition is under review atm.

There is a requirement that may need me to go out of US and come back for a week in mid-Sept.

Would that be a problem while returning?

marked as duplicate by Aditya Somani, Mark Mayo Supports Monica, jpatokal, mindcorrosive Aug 4 '14 at 7:53

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  • shouldn't be any problem IMO – user102008 Aug 1 '14 at 1:13
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Yes, you can.

This shouldn't be a problem if you have maintained your status in the past (Not overstayed the I-94 period). The CBP can question your intentions and doubt if you will overstay (if you have done so in the past).

Also note that if your employer doesn't file for an extension within the requisite time frame when your status expires, you will be willfully violating immigration laws.

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