!Help Needed! Travel abroad with 2 month of valid visa and H1B

[trprasanna]

I have few questions.

1 My visa is going to expire jan 2009. My company is applying for visa extension for next 3 year term. I have to travel abroad nov 2008. While returning i will have valid 2 months of visa. Will there be any issue in immigration. Should i get visa stamping before returning.

2 If i get my H1B extension approved can i get stamping from canada or mexico before going to india this nov. Is it possible to get visa stamping before the expiration of current visa?

Please respond....
Thanks
-Prasanna

[DMX17]

1. You can enter as long as the visa is unexpired (No need to get a new visa if your visa valid). Make sure you use the I-797 that shows your Extension is approved and get the I-94 that is valid based on your extended petition. Look up Last Action Rule.

2. Yes you can if you want and if you have the extended I-797 with longer validity. They may send you back to your home country if they cannot evaluate your education (US education - No Problem). Many have done it successfully though. Remember, the new H1 visa stamp may be for a maximum of 3 years from the date you appear. This means that your visa will expire before your term expires which may/may not be issue.

Read about visa and status on immihelp.

[txh1b]

2 If i get my H1B extension approved can i get stamping from canada or mexico before going to india this nov. Is it possible to get visa stamping before the expiration of current visa?

I have done this in the past and the new visa was issued until end of extension I797 date. Essentially, my H1b was valid for more than 3 years with a combination of Current I797 + extension I797. I submitted both during the visa interview.

At the pre-boarding clearance in Canada, they issued me I-94 till DOE of my first I-797 (3 months I-94) which irritated me. I went to deferred inspection office upon landing and got the I-94 date changed till the end of my extension petition. The officer consulted with his supervisor, made copies of my I797s and annotated the I-94 with his badge number and his supervisor's name.

[DMX17]

I have done this in the past and the new visa was issued until end of extension I797 date. Essentially, my H1b was valid for more than 3 years with a combination of Current I797 + extension I797. I submitted both during the visa interview.

So, there in no rule that the H1 visa has to be valid less than or equal to 3 years. I did't know. Thanks for correcting me.

[trprasanna]

Thanks!!!

Thanks Guys!!
That was really helpful
-Prasanna

[trprasanna]

re: Travel abroad question

Since i will be having 2 months of valid visa and H1B while returning, can i file my H1B renewal after i come back from India.
Will there be any issue at immigration while coming back with 2 month of visa and H1B remaining?

Thanks
-Prasanna

[DMX17]

No problem.

[trprasanna]

Thanks!

[Sreeni]

Travel to India with OLD Visa

Hi

I am planning to go to India and will return on 18Sep2010. I have valid stamped H1B visa till 29Sep2010 with my previous employer X. Now I have been working for new employer Y since Jul '2009. I have got approved 797 and have all paystubs since then. Do I need to go for visa stamping in India with new 797 or I should be able to enter US with my previous company's stamped visa?

Any quick reply is very much appreciated.

Thanks
Sreeni

[shervin143]

This is a very basic question and you can find the answer in the FAQ section. As long as you have a valid H1B visa (irrespective of the employer for whom it got approved), you can enter U.S with a valid H1B petition.

Hi

I am planning to go to India and will return on 18Sep2010. I have valid stamped H1B visa till 29Sep2010 with my previous employer X. Now I have been working for new employer Y since Jul '2009. I have got approved 797 and have all paystubs since then. Do I need to go for visa stamping in India with new 797 or I should be able to enter US with my previous company's stamped visa?

Any quick reply is very much appreciated.

Thanks
Sreeni