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Returning to US on new H1B extension before the effective date of the same

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  • Returning to US on new H1B extension before the effective date of the same

    Hello
    I do not have a valid VISA stamped on my passport currently. Have been on extensions since the past 1.5 years. My current extension expires on 31-Dec-15. I have gotten a new extension as well which starts from 01-Jan-16 till 01-Jul-18. I have plans to go to India in Dec 15 and return back in the same month on 29-Dec-15. During this time, I would go for VISA stamping. Hence I would have a valid VISA till 2018 on my passport however the EAC# on the passport would be from my extension starting from 01-Jan-16 till 2018.
    My Question is, would I be able to enter the USA on 29-Dec-15 on this VISA (since the EAC#/Petition # would be from the new extension) and if yes what could be the I94 date assigned?

  • #2
    Yes, you will be able to re-enter. Carry both the old and the new approval notice while attending the visa interview and while entering U.S to show at the POE. Make sure your I-94 is issued as per the extended petition.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank You. This helps a lot !

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