Different Date in I797(Work Permit) and H1 B Visa

[sandhyaragvi]

Hi,

My work permit(I 797) is valid till July 31 2011 but my Visa is valid till 31 July 2013. I'm in the process of applying for Work permit extension. But I need to go to India for vacation in the first week of September. Is it possible for me to travel and come back to US again without holding the acknowledgement/Approval number for Work Permit Extenstion.Please help!

Regards,
Sandhya

[kabkaba]

How come these two dates are different? When does your I-94 expire?
You must leave the US before your I-94 expires and stop working before your current employer's petition expires. Visa in your passport is only a travel document and does not determine your ability to stay and work in the US.
If you leave the US now, you will not be able to return until your employer receives the approval. But once approval is received, you do not need a new visa and you can use the current one.

[sandhyaragvi]

Thanks for the response. My I-94 expires same as Visa exipry date i.e. 30-Jul-2013.

Regards,
Sandhya

[shervin143]

Usually the visa/I-94 are issued only till the petition expiry date. I am not sure how you an I-94/Visa that is 2 years beyond the H1B petition expiry date. Check your petition. Probably it expires on the same date as your I-94. If not, then an extension need to be filed before the petition expires. If you leave the country and want to return back in H1B visa, then you need to have a valid H1B petition in hand.