Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

Entering in US with 5 days left on stamped visa and a valid extension

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Entering in US with 5 days left on stamped visa and a valid extension

    Hi,

    Here's my situation - I need to travel to U.K for 2 weeks on a business trip, my current stamped visa expires on 22nd Oct and I would be returning on 17th Oct. I already have a valid approved extension up to 2018. In this case is it okay to enter without getting a new visa stamped?

  • #2
    Technically it is possible. But if the officer at the POE issues you an I-94 only till the visa expiry date (Some officers tend to do that) instead of the petition, then you will not have enough time to file your extension. So just in case that happens, then you should be ready to file the extension immediately upon your return or plan to leave again, get the H1B visa stamped and return back to get a new I-94.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Technically it is possible. But if the officer at the POE issues you an I-94 only till the visa expiry date (Some officers tend to do that) instead of the petition, then you will not have enough time to file your extension. So just in case that happens, then you should be ready to file the extension immediately upon your return or plan to leave again, get the H1B visa stamped and return back to get a new I-94.
      Thanks. But in this case I already have a valid extension up to 2018. So you are saying I need to file the extension again?

      Comment


      • #4
        In order to stay and work in U.S, you need a valid I-94. If you return back on Oct 17th and show the latest approval notice to the officer at the POE, usually they would give I-94 matching the petition expiry date. In case the officer (for whatever might be the reason) give you I-94 only till 22nd Oct (Visa expiry date), then you cannot stay in U.S post 22nd Oct. If you stay, then your stay will become illegal as your most recent I-94 will expire on 22nd. To extend the I-94, you have two options.

        1) File an H1B extension which when approved will get you a new I-94.
        2) Leave the country, get the H1B visa stamped using the existing petition that is valid till 2018 and return back, which will get you an extended I-94 since this time both your petition and visa are valid for a longer time.

        I am not saying this is going to happen. I am saying what you should do in case it happens.

        Originally posted by rivaham View Post
        Thanks. But in this case I already have a valid extension up to 2018. So you are saying I need to file the extension again?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          So I returned on 17th and at POE officer asked me why didn't I get a new visa stamp and I mentioned that II couldn't get the date (which genuinely I couldn't get). He kept saying that I need to either leave on 22nd (visa stamp expiry) or file an extension within 5 days. But on my entry stamp he mentioned extended date (2018), I also checked online I-94 and it matches my entry stamp (2018). So as far I understand I can continue staying beyond 22nd and have to get a new stamp when I step out of the country. Is this correct? Not sure why officer kept saying that I have to leave country by 22nd. Am I missing anything? Please advice

          Comment


          • #6
            If your I-94 was issued until your extended petition expiry date, then you are good. No need to file an extension.

            Originally posted by rivaham View Post
            So I returned on 17th and at POE officer asked me why didn't I get a new visa stamp and I mentioned that II couldn't get the date (which genuinely I couldn't get). He kept saying that I need to either leave on 22nd (visa stamp expiry) or file an extension within 5 days. But on my entry stamp he mentioned extended date (2018), I also checked online I-94 and it matches my entry stamp (2018). So as far I understand I can continue staying beyond 22nd and have to get a new stamp when I step out of the country. Is this correct? Not sure why officer kept saying that I have to leave country by 22nd. Am I missing anything? Please advice
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Originally posted by shervin143 View Post
              If your I-94 was issued until your extended petition expiry date, then you are good. No need to file an extension.
              Thanks!!

              Comment

              {{modal[0].title}}

              X

              {{modal[0].content}}

              {{promo.content}}

              Working...
              X