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Port of entry questions?

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  • Port of entry questions?

    I currently have H1 visa stamped in my passport which is expiring on sept 10th 2010. I have already applied for renewal of H1 visa. I'll be receiving the receipt of my application to renew H1 in another 3 weeks. Renewed I-797 will be received in approximately 3 months from now.

    I am travelling to India on the 8th of july 2010. While returning back on the 2nd of august. Should I be concerned about being prevented from re-entry because my H1 will then be expiring after 1 month, 10 days at the time of my re-entry.

    I plan to have my employer's letter and mid-vendor's letter and employers's agreement with mid-vendor and receipt of H1 renewal application and I-94 and all the regular documents like passport etc. Is there any thing else that I should have with me in terms of documents? Are there any tough questions, at the port of entry that I should be prepared to answer? I am concerned because I have heard stories that people are getting rejected at port of entry for various reasons.

    Please help me with any advise regarding answers to questions at port of entry and documentation advise that you may have.

    Thank you very much for your help, in advance


  • #2
    It is advised not to leave the US while extension of status application is pending as is your case. Since when the USCIS adjudicator looks at your current status and see that there is no status, they may deny the EOS part of the petition. (the H1 petition may be approved for counsular processing).
    To avoid this wait for the petition to be approved and then leave the US. After this you may enter while your visa is still valid, you will get I-94 according to new petition. You may also get a new Visa according to your new petition approval for future trips.
    This is my opinion and not legal advice.