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H1B visa expiring on 30-Nov-2011

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  • H1B visa expiring on 30-Nov-2011


    I am planning to travel on 16th of November to US and my H1 is expiring on 30th of Novemeber. Will it be ok to travel ? Will Immigration allow this kind of case ?

    Please advise me.


  • #2
    It will not be a problem. But if petition expires on Nov 30 too, there may not be sufficient time for your employer to file an extension. They need to get LCA first (even before you travel) and be prepared to file the extension immediately.
    This is my opinion and not legal advice.


    • #3
      At the POE, you will get the I-94 only till the petition expiry date which is end of November (just for 15 days). Your documents to extend the H1B status should reach USCIS before the I-94 expires or the extension is not possible. In such case, be prepared to return back before the I-94 expires (to avoid illegal stay).

      Like mentioned in the previous reply, in order to file the H1B extension, the LCA need to be filed and it should get approved, It will take anywhere between a week to 12 days to get the LCA. So ask your employer to start that process right away so that they are ready to file yor extension immeditaly upon your entry.

      Also, keep in mind that if the extension gets denied, then all the time spend in U.S after the I-94 expiry date will be considered as illegal stay. So in your case, it is advisable to file the extension in premium process and get the result within 15 days instead of filing it in normal process and waiting for 3-4 months.
      Not a legal advice. Use of this information is strictly at your own risk.