Need urgent help - travel to India - H1B visa expires on 30th Sept 2015

[Sagar_Deshpande]

Hi,

I'm planning to travel to India next week to get my family back to US.

I've H1B visa which expires on 30th of Sept 2015.
My I797 also expires on 30th of Sept 2015.
My wife has got the H4 which is also expiring on 30th of Sept 2015.

Currently my wife is in India. We've applied for the stamping of my 6 month old child, which we'll hopefully get by next week.
I've NOT yet initiated the process of my visa extension fearing it might cause issues in stamping/travel of my dependents.
I'm planning to initiate it as soon as my family comes here.

Initially, my H1B was filed for different client/location. But I travelled to another client/location. I've got the Transfer of Memorandum for the same.

Given the circumstances, can I travel to India (most probably departure to India - 2nd July, arrival in US - 18th of July) ?
Would there be any issue while returning back ?
what documents should I carry while returning back to US ?

I would really appreciate any help.

Thanks and Regards,
Sagar

[shervin143]

No issues as long as the petition and visa are valid as of the date of your return. I-94 for all of you will be issued only till your petition expiry date (Sept 30th). You will have to file the H1/H4 extensions immediately after arriving in U.S.

You should carry
1) You approval notice (Original) - Must
2) Valid passports for everyone - Must
2) Copy of form I-129 (Petition)
4) Some recent pay slips
5) Recent employment verification letter
6) Marriage Certificate (Good to have. Just in case)
7) Child's birth certificate (Good to have. Just in case)

[Sagar_Deshpande]

No issues as long as the petition and visa are valid as of the date of your return. I-94 for all of you will be issued only till your petition expiry date (Sept 30th). You will have to file the H1/H4 extensions immediately after arriving in U.S.

You should carry
1) You approval notice (Original) - Must
2) Valid passports for everyone - Must
2) Copy of form I-129 (Petition)
4) Some recent pay slips
5) Recent employment verification letter
6) Marriage Certificate (Good to have. Just in case)
7) Child's birth certificate (Good to have. Just in case)

Thanks for the reply and clearing the doubts
Just have one query regarding one document that you suggested above.
5) Recent employment verification letter - what is this document, do you mean to carry LCA for the client? If not, what document should I ask to the employer ?

Thanks and Regards,
Sagar

[shervin143]

A letter from your employer in their letterhead mentioning your full name, designation and roles and responsibilities. It is just a letter that proves that you are still employed with them. Just like offer letter, but with recent dates. 90% of times the officer at the POE will not ask for this letter. It has been asked in few cases, so it always good to carry it.

Thanks for the reply and clearing the doubts
Just have one query regarding one document that you suggested above.
5) Recent employment verification letter - what is this document, do you mean to carry LCA for the client? If not, what document should I ask to the employer ?

Thanks and Regards,
Sagar