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H1B visa -- validity for re-entry

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  • H1B visa -- validity for re-entry

    Hello,

    my H1B visa stamp bears the expiration date 04JUL2015, but it also states the petition expiration date (PED) as 11JUN2016. My I-94 is also valid through the last day of petition validity.

    Now I am planning a short trip abroad for vacations and have the following questions:

    1. Will I be able to re-enter US in June 2015 while my H1B is still valid for 2-3 weeks?
    2. What should I do after this date to ensure that I can leave and reenter US in case of emergency?


    Regards,
    Alexander.
    Attached Files

  • #2
    Originally posted by fafaw View Post
    Hello,

    my H1B visa stamp bears the expiration date 04JUL2015, but it also states the petition expiration date (PED) as 11JUN2016. My I-94 is also valid through the last day of petition validity.

    Now I am planning a short trip abroad for vacations and have the following questions:

    1. Will I be able to re-enter US in June 2015 while my H1B is still valid for 2-3 weeks?
    2. What should I do after this date to ensure that I can leave and reenter US in case of emergency?


    Regards,
    Alexander.
    1. Yes, But you will get I-94 only till 04 Jul 2015.
    2. Get a new visa stamp by attending the interview at a US consulate outside US.

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you for your answers!

      Originally posted by raghvi View Post
      1. Yes, But you will get I-94 only till 04 Jul 2015.
      My current I-94 is valid until Jun 2016.
      Do you mean that I'll get a new I-94 with shortened validity?

      Originally posted by raghvi View Post
      2. Get a new visa stamp by attending the interview at a US consulate outside US.
      I am asking about getting H1B extended while being within US.
      Does it mean that I can't get it extended in US and will have to attend a US consulate outside of US if I travel abroad after the H1B expires?

      Comment


      • #4
        Originally posted by fafaw View Post
        Thank you for your answers!


        My current I-94 is valid until Jun 2016.
        Do you mean that I'll get a new I-94 with shortened validity?


        I am asking about getting H1B extended while being within US.
        Does it mean that I can't get it extended in US and will have to attend a US consulate outside of US if I travel abroad after the H1B expires?
        1. You should hand over that I-94 while exiting US. And would be given a new one upon re entry. When you re enter US as I-94 issuing has gone electronic, the visa authorities give the least of Visa End date/Passport Date/Petition Date.
        2. Yes. Visa, petition and I-94 are three different things. Extending H1B petition does not mean the same as extending visa. In order to enter US one needs a valid visa, and a valid visa stamping can only be done at a consulate outside US. What you can extend in US is your petition and I-94, but that will not get you a new visa stamp in the passport. Even if your petition/I-94 is extended in US you still need a new visa stamp beyond 04-Jul-2015 in order to get entry into US.

        This is my opinion not legal advice.
        Last edited by raghvi; 03-21-2015, 12:25 PM.

        Comment


        • #5
          Thank you for your clarifications!

          Originally posted by raghvi View Post
          When you re enter US as I-94 issuing has gone electronic, the visa authorities give the least of Visa End date/Passport Date/Petition Date.
          What should I do then if I get my I-94 only for a couple of weeks? Processing an extension would require several weeks. Will I have to leave US and wait for the outcome of the extension application in my home country?

          Comment

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