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H1 B expiry question

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  • H1 B expiry question

    Hello all,
    My H1 B is getting expired on March 30 2009. I m planning to go to India for a vacation in Jan 3rd week of 2009, returning back on feb 3rd week. My employer has also initiated the h1 b extension.

    I have the following questions

    a. Can I travel to India and come back with my old H1? If so, how long before the expiry period do i need to be in US?
    b. if my company files my h1 b extension, can i go to vacation and come back with my old H1 visa by feb 3rd week?
    c. if i receive my h1 extension visa before travelling to india, can i go to India and return back with my old un expired H1? or do i need to go for stamping

    please let me know

    Thanks

  • #2
    a. Yes till the date it is valid.
    b. Not a good idea. It would be better if they applied for an extension after you return. Talk to your company if they can handle it.
    c. Yes. The old visa + old I797 + new I797 would get you I-94 till new I797 expiration.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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