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H1Visa extension Question

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  • H1Visa extension Question

    Hello,
    I m planning on travelling to India in Jan 3rd week 2009 and returning back by Feb 2nd week. I m currently in H1B and my Visa is expiring on 3/30/2009. I have also received my H1B Extension approval notice, which is valid from 3/31/2009 to 7/16/2011. I m also planning on getting my H1B stamped during my vacation. But my company HR said that since my Visa is expiring only 3/30/2009, there are chances that US consulate might refuse to issue the visa. They said that either I can postpone my travel date or return back to US with old H1B Visa. I m not sure how far this is true.

    Since I cannot postone my travel, I m confused now and I have the following questions

    a. Can I enter into US with my old H1 B Visa.
    b. At the port of Entry, do I need to inform Immigration officer about my new I 797 and ask him to put the new expiry date?
    c. How long before the H1 B Visa expiry date, can enter in US?
    d. Whether the above question C has got any relevance with my flight check in?(since I m travelling my Air India, i dont need to get any transit visa. But I want to confirm)

    Appreciate your help

    Thanks,
    Sundar

    Appreciate your help

  • #2
    a. Yes, but your HR is wrong. You can get a renewal stamp if you wish to. I have done it in the past 4 months prior to visa expiration.
    b. Yes, you need to carry both I797s and the I-94 will be issued as per latest approval I797.
    c. Any day before visa expiration.
    d. As long as visa is valid, no transit visa required.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thank you for your quick reply

      Thanks
      Sundar

      Comment

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