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Travel to India and return back to USA - before H1B stamping expires

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  • Travel to India and return back to USA - before H1B stamping expires

    Hello Everyone,

    I have my H1B visa stamping till Dec 31, 2014 with Company X and valid H1B I797 with Company Z until Aug'2016. I am currently working for Company Z for last 1 year or so.

    Will it be an issue if I travel to India and return back on Dec 25, 2014 (3-5 days before Visa stamping expires) with valid H1B I797 until Aug' 2016.

    Thanks for your time

  • #2
    Same question?

    I have the same question. My H1B visa expires on Feb 7th 2015. I am travelling to Doha, Qatar from Jan 15 to Jan 31 and entering US just one week before my visa expiration. However, I applied for H1B visa extension, got approved and got the original approved I797A petition which is valid till Feb 2016.

    Would it be an issue at the port of entry on Jan 31st?

    Comment


    • #3
      Why not go ahead with the stamping, if the client and work is genuine it should not be an issue with visa stamping.

      Seeing the recent trends, the biggest risk is that worst case you two will get I-94 only till Visa expiry date and would subsequently need to apply an I539 to extend it.

      This is my opinion not legal advice.

      Comment


      • #4
        Thanks for the advice

        Thanks Raghvi for the advice. The problem with stamping is i am not travelling to india. hence i cannot do the stamping.

        Comment

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