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Traveling while H1B is within 6 months of expiry

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  • Traveling while H1B is within 6 months of expiry

    My H1B expires in Sept. 2011. I plan to travel to Europe on an Indian passport after March 2011. This falls within the 6 month period before visa expiry and I have heard anectdotally that there might be problems while traveling internationally during this period.

    Does anybody know of any problems getting European schengen visas due to expiring H1B visas? Or of problems while entering European countries on these visas? Or of problem reentering the US on H1 visas that are expiring within 6 months?

    If there are any problems, then will I be able to travel without problems if I have I-797 visa extension receipt with me?

  • #2
    There are no such issues. You will be able to enter U.S as long as the visa is valid and your purpose of travel matches with the visa issued. For European travel, you will anyhow need a visa for the country that you are trying to enter.
    The problem arise only if you are transiting through a European country without a valid U.S visa or a transit visa for that country where you transit.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      As long as you have a valid visa, you should have no problem reentering the US, even with one day validity. Check with your employer / attorney about what documents you need to carry when exiting and reentering the US. You will need original I797, pay slips, your degree certs, offer letter, letter of employment and the whole works as if you were entering the country the first time on H1B.

      For Europe, check regulations of individual countries you will visit / transit for visa requirements.

      Use this information with your own judgement, I am not an immigration lawyer.

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