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H1B Visa minimum validity needed at port of entry

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  • H1B Visa minimum validity needed at port of entry

    what is H1B Visa minimum validity needed at port of entry, I have a plan to visit India this month and whille return i will have only 4 months left on my h1 visa and my dependant H4 will have 3 months.

    Is it advisable to get visa stamped in this scenario? i have I797 from new employer until 2017. please advice.

  • #2
    Originally posted by aksvp View Post
    what is H1B Visa minimum validity needed at port of entry, I have a plan to visit India this month and whille return i will have only 4 months left on my h1 visa and my dependant H4 will have 3 months.

    Is it advisable to get visa stamped in this scenario? i have I797 from new employer until 2017. please advice.
    Visa is valid till its expiry date. But the catch is that nowadays the System and the POE gives I-94 only till passport expiry/visa expiry whichever is earlier. So plan accordingly, as you would have to file H1 and H4 I-94 extension using form I-539 within 4/3 Month after arrival into US.

    This is my opinion not legal advice.

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    • #3
      Same situation

      Originally posted by raghvi View Post
      Visa is valid till its expiry date. But the catch is that nowadays the System and the POE gives I-94 only till passport expiry/visa expiry whichever is earlier. So plan accordingly, as you would have to file H1 and H4 I-94 extension using form I-539 within 4/3 Month after arrival into US.

      This is my opinion not legal advice.
      Hi Raghvi,
      I had to travel to India due to an emergency with my current Visa stamp ending on July 01st. I have the I797 Approval Notice for the extension that was filed while I was in US which is valid till end of July 2020. I will be returning on June 29th which is just 2 days before the stamp on Visa.

      Will they allow me to get in at the POE? If I show them the approved I797 - will they give me the I94 based on the I797? Any risk with this situation?

      Regards
      Abraham

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