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Travelling to India with Receipt # in hand and coming back within Visa expiry

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  • Travelling to India with Receipt # in hand and coming back within Visa expiry

    Hi Friends,

    Need your help and inputs here. My current H1B visa expires on October 13th, 2013. I have applied for my visa extension and it has been submitted to USCIS on June 3rd and waiting for approval. In the meantime, I have to travel to India now and planning to travel between Sept 15 and coming back by October 7th. I have my receipt # with me.
    Queries:

    1. Can I travel in this situation?
    2. Do you see any problem in POE if I come back before a week of my visa expiry?

  • #2
    Originally posted by okrishnan1983 View Post
    Hi Friends,

    Need your help and inputs here. My current H1B visa expires on October 13th, 2013. I have applied for my visa extension and it has been submitted to USCIS on June 3rd and waiting for approval. In the meantime, I have to travel to India now and planning to travel between Sept 15 and coming back by October 7th. I have my receipt # with me.
    Queries:

    1. Can I travel in this situation?
    2. Do you see any problem in POE if I come back before a week of my visa expiry?
    Avoid doing so.

    Either travel after getting the approved petition and re enter before visa expiry seeking I-94 as per extended petition (by upgrading to premium).
    OR
    Go for stamping with extended petition and re enter on new H1.

    Extension is considered abandoned when one travels while it is pending. What basically an extension seeks is request extension of stay by extending the I-94. If you are leaving then whats the purpose of extension because as it is you will get a new I-94 when you come back. The initial extension receipt holds no meaning.

    When you come back you would be given a new I-94 at POE. In your case if that I-94 is dated Oct 13-2013( your visa expiry date) you would have to file another extension request to extend that I-94.

    This is my opinion not legal advice.

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