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  • H1-B travel question

    Hi,
    I need to travel to India for a week in September: my current H1-B visa stamp is valid until 09/27/2015 and I plan on returning back to the U.S on 09/23/2015. A petition for extending the visa for another 3 years is currently with USCIS and I am hoping that I will have a decision by September. I have not changed employers and have been working for the same employer for the entire duration of my H1-B so far (6 yrs) Ideally I would have preferred to get the new visa stamped in passport while in India however I am not sure if this would be realistically possible given the short duration of my visit. In that regard my questions are:

    1. Would there be any issues at the port of entry in the US if I travel back with 7 days left on my visa stamp and an approval notice for extension of stay unto 2018?
    2. If I plan to get my visa stamped while in india, can I do so while my old visa is valid or would I need to wait until the visa stamp expires on 09/27/2015 in order to get the new visa stamped?

    I cannot delay, pull forward or extend my trip. Your input is much appreciated!!

    Thanks,

  • #2
    1. Would there be any issues at the port of entry in the US if I travel back with 7 days left on my visa stamp and an approval notice for extension of stay unto 2018?
    >>> You should not, since your visa will still be valid as of the date of your travel back to U.S. Your I-94 should be issued until your new petition expiry date. However, in some rare cases, depending on the officer at the POE, it is possible that your I-94 is issued only till the visa expiry date (in very rare cases).

    2. If I plan to get my visa stamped while in India, can I do so while my old visa is valid or would I need to wait until the visa stamp expires on 09/27/2015 in order to get the new visa stamped?
    >>> You can do it while your current visa in the passport is valid. No need to wait until its expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin!! that helps..

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