Minimum H1-B Validity before entering US Port of Entry

[bhindesi.tara.1988]

Hi Folks,

I have a valid visa till January 23rd 2019. And I have a India travel planned in October and returning to US on 12th November 2018. The port of entry date will be around 2.5 months (11 weeks) before the H1-B Visa/I-94 Expiry. My employer would be filing an extension as soon as I enter POE. Also my passport is valid till 2021.

Will there be any issue @ port of entry?
Is there any minimum H1B validity required before entering US POE?
What kind of questions are expected at that time?

Please advise as soon as possible.

[Krish02]

Hi bhindesi.tara.1988,

I am searching answer for the same question.

As per my understanding, there are two things. One: Entry determines based on Visa (stamp) validity on your passport and the Second is: Determination of the period (No of days/months/years) allowed to stay (I-94 issuance) in the USA at the port of entry.

I believe if the Visa is valid, you can legally enter on any day (even the last day) And the allowed period is based on the expiration of the H1B / I-797 approval document.

These two dates could be different in many situations. Mostly I-797's expiry date is later than Visa valid date, would make sense.

Please keep posting your experiences. Thank you.

Any other inputs from any others would be greatly appreciated. Thanks!

[kanububobby]

Hi Folks,

I have a valid visa till January 23rd 2019. And I have a India travel planned in October and returning to US on 12th November 2018. The port of entry date will be around 2.5 months (11 weeks) before the H1-B Visa/I-94 Expiry. My employer would be filing an extension as soon as I enter POE. Also my passport is valid till 2021.
Please advise as soon as possible.

I'm exactly in the same situation like you. Including dates. I've the same questions too. Hoping for someone to share their experiences.