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Entering US with 4 days left on visa

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  • Entering US with 4 days left on visa

    Hi,

    I'm currently in US and my H1B visa is expiring as of July 24th(I-94 date Aug 4th 2015) and I have an approved I-140. My employer is filing for an LCA before filing a 3 year H1B extension using the approved I-140.

    I'm planning to travel to India and be back on July 19th. Since USCIS has stopped premium processing, the attorneys at my employer are suggesting that they will submit the H1B extension under regular processing now and will convert it to premium processing once it is available. Since my application would still be pending while I enter the US on July 19th, will I face issues re-entering US with 5 days left on my visa? Can I show my H1B extension filing receipt notice to the officer at POE?
    My spouse already went back to India and is planning to come back with me on July 19th with a July 24 visa expiry. Her H4 extension can't be filed right now since she is already outside of US. She will file for H4 extension after coming back to US. Will she face issues at port of entry since she won't even have an H4 status extension filed at the time of entering US and only 4 days left on the current visa?

    Thanks - I appreciate any advice that you can provide.

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