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30 days left for H-1B expiry, entering US

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  • 30 days left for H-1B expiry, entering US

    Hi,

    Background Information:
    I have a H-1B petition expiring in April 30, 2011
    I came to India last year Nov and want to go back by Dec end.
    I went to stamp H-1b in my passport in Nov last year but my case went for admin processing.
    I recently got the visa, issued 30th march 2011 and expiring 30 Apr 2011. just for 1 month.
    My employer is interested in extending my employment and are ready to file extension but haven't done so till now, so I don't have I797 showing extension in employment

    Question:

    Will there be any problem at POE if I go with that visa which expires within 1 month and without any I797 showing that the job is extended?

    Thanks for your help.

  • #2
    You should have all the necessary documents like job verification letter and client letter if applicable and there will not be any problem.
    This is my opinion and not legal advice.

    Comment


    • #3
      You can enter U.S as long as the H1B petition and H1B visa remains valid. The I-94 will be issued only till the petition expiry date. If the petition is expiring by the end of April, then it is advisable that you travel asap to allow enough time to file the extension before the I-94 issued at the POE expires.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        kabkaba and shervin143, thank you very much.

        I have asked my employer to write a letter stating that I am still employed and they are ready to file extension once I land in US. My employer also agreed to do premium processing. So hopefully I should have new I797 with extension before I94 expires.

        Comment

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