H1B -- Tricky question Please advice.

[g10]

Hello

I am on H1B, my Visa stamp is expiring on July 5th, 2009. My I-94 card says I am good until July 5th, 2009. I just got my H1B work permit renewed until March 2010.

I need to travel to India for 10 days due to family emergencies. Can someone please advice, If I can travel or not? I am thinking of travelling on June 15th and coming back on 25th June.

Are there any risks , will the immigration department at the airport will cause any problems?


Thank you
G10

[arajesh19]

Hello

I am on H1B, my Visa stamp is expiring on July 5th, 2009. My I-94 card says I am good until July 5th, 2009. I just got my H1B work permit renewed until March 2010.

I need to travel to India for 10 days due to family emergencies. Can someone please advice, If I can travel or not? I am thinking of travelling on June 15th and coming back on 25th June.

--- You can absolutely travel.

Are there any risks , will the immigration department at the airport will cause any problems?

--- There shouldn't be any risks if you have all your documentation with you. Just keep in mind to show the POE officer your renewed I-797 petition so that you can get an I-94 with validity till March 2010.

Thanks
Rajesh

[g10]

Thank you

Rajesh

Thank you very much for the input. I have been hearing lot of stories, I don't know whether they are true or not. Lot of H1b holders have been questioned alot when they return. Some of them have been denied entry. I don't know the exact detail/reasoning regarding the same.

I am not working for any consulting firm. However, I am working for a financial institution (direct client). I hope it helps.

[new_aspirant]

Take Approval of vacation from your client Manager.

Take Approval of vacation from your client Manager and take a print out which mentions what date you will join your office again.

THanks,

[arajesh19]

Rajesh

Thank you very much for the input. I have been hearing lot of stories, I don't know whether they are true or not. Lot of H1b holders have been questioned alot when they return. Some of them have been denied entry. I don't know the exact detail/reasoning regarding the same.

I am not working for any consulting firm. However, I am working for a financial institution (direct client). I hope it helps.

--- The POE officers are within their right to question anyone. You should not worry unnecessarily with what happened to others. Staying confident, not panicking and carrying all the documents are a must.

If you happen to know someone who has been denied entry, you should talk to them as well, knowing what went wrong with them. Staying positive helps.

Thanks and good luck
Rajesh

[g10]

One last question

Thank you for all the responses. Its been a while, I have left the country. Is it possible, for someone to provide the list of documents to carry with us while travelling.

[abhayg4]

Hi g10,

As mentioned , that you can travel as ur existing Visa will remain Valid when u come back on 25th June.
One thing u have to MAKE SURE that when u come back - u have to get new I-94 till the end date of ur new I-797 i.e. March 2010.

Because when u will come on ur existing Visa - it will be valid till 05th July'09 i.e. only 10 days from ur date of return.
So , MAKE SURE that at POE -officer should not give by Mistake I-94 till ur Visa end date . (which they sometimes do ,to give I-94 till visa end date).

As documents are concerned , I can say New Original I-797A (which is MUST), employment letter proof,business card , 2-3 paystubs. (Please note that they don't see all these generally but no harm in carrying)

Regards,
Abhay

[g10]

Thank You

Many Many thanks to all of you who have respond to my question. I am flying to India on June 15th.

[xyzpqr]

H1 to F1 Transfer...need guidance

I am on H1B status and thinking to transfer my status from H1B to F1. I did my masters in India, I don't have recent salary stub and my H1B visa
is upto Sep 2010. I have following questions.


Q-1 Is there any problem in change of status or not ?
Q-2 How long it takes to get I20 and transfer from H1B to F1.
Q-3 Can I get admission in master in same field again ?
Q-4 Once I complete my study, If I want to continue for H1B then do I have to be in cap or not ?

Plz provide good solution. Thanx in Advance.

[apgjnua]

Note

G10,

Speaking from experience, if your H1 is approved without requesting you to get a visa stamp from you home country - India, then you should not have any problems coming back to USA. My first H1 requested to get a visa stamp from my home country - Taiwan, and my second one (extension) also requested the same thing. Even if you need to get a stamp in India, just make sure you talk to your attorney and prepare all the documents before you go. From what I heard/experience, you should not have any problems getting a visa stamp in India because USA already approved your case. Documents: New H1 approval notice, company employment letter, pay stubs, all the application trace. But again, this is under the condition you have to get a visa stamp in India.

If you do need to get a visa stamp in India, make sure you make the appointment with US consulate first, I am not sure about India, but Tawian allows online reservation. Many times you have to wait weeks to get an appointment in home country, it is better to reserve a spot now.

After getting the visa stamp, you won't have problems coming back to USA.

Good luck.