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Rentering with H1B Visa expiring in one week

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  • Rentering with H1B Visa expiring in one week


    I need to visit India in June, but not getting an appointment to get my H1 restamped. My current visa is valid till 07/15/2005. If I re-enter say one week before 07/15/2005 will there be any problem? I will have the extended petition with me.

    If I can re-enter, what will be the validity of the new I-94? Will it be 07/15/2005 or the new date as per the new petition(I-797)?

    Your suggestion will be helpful and will be appreciated..... THANKS

  • #2
    Read this


    Read this link which Sudhir has posted in one of the questions

    Refer to at American Competitiveness in 21st Century Act Policy Memo at

    It states that:

    Admission Procedures for Nonimmigrants Claiming Portability The following procedures reflect the Service's January 29, 2001, memo.

    An H-lB applicant for admission who is no longer working for the original petitioner is admissible at a Port of Entry (POE) pursuant to the portability provisions, upon presentation of the following evidence:

    (a) that the applicant is otherwise admissible;

    (b) that the applicant, unless exempt, is in possession of a valid, unexpired passport and visa (including a valid, unexpired visa endorsed with the name of the original petitioner);

    (c) that the applicant was previously admitted as an H-lB or otherwise accorded H-lB status. If a visa exempt applicant is not in possession of the previously issued Form I-94, Arrival/Departure Record, or a copy of the previously issued I-94, the applicant may present a copy of the Form I-797, Notice of Action, with the original petition's validity dates; and

    (d) that an H-lB petition was timely filed on behalf of the applicant, before expiration of the validity dates of the applicant's previously authorized period of stay. This evidence shall be in the form of a copy of a dated Form I-797 receipt notice reflecting that a new petition has been filed, or other credible evidence of timely filing that is validated through a CLAIMS query.

    The nonimmigrant applicant is admissible to the validity date of the previously approved petition, plus 10 days.