H1B travel - How close to H1 expiry

M

mougc

Registered Users (C)
Hello forum members.

I have H1B visa (I-797 approval notice) from Aug 2005 to Aug 2008.
I travelled to India and got my visa stamped and received stamping valid from 1Jan 2006 to 1Jan 2008.
Now I plan on travelling to India. How close to 1Jan2008 do I need to return to the US so I dont have to go for another stamping?
Do I need to apply for H1 extension before travelling or can I return and file for an extension?

Thanks in advance.
 
mougc said:
Hello forum members.

I have H1B visa (I-797 approval notice) from Aug 2005 to Aug 2008.
I travelled to India and got my visa stamped and received stamping valid from 1Jan 2006 to 1Jan 2008.
------------------------ you H1 approval is valid till August 2008 why did your visa stamp is valid till 1Jan 2008?
till what date is your I-94 valid??

Now I plan on travelling to India. How close to 1Jan2008 do I need to return to the US so I dont have to go for another stamping?
Do I need to apply for H1 extension before travelling or can I return and file for an extension?
---------------- when you plan to go out and when you plan to come back?????
Thanks in advance.
Click to expand...
---------------------
 
Thank you very much ginnu for your reply.

yeah I am not sure probably they give from and to same date.
So although my I797 is valid till 28 aug 2008, but since I received stamping on 1Jan2006 they gave me till 1Jan2008.

Also I checked and my I-94 card says valid until 1Jan2008.
What does it mean?

Also I plan to travel from 1Nov2007 to 30Nov2007. Can I return based on my current stamping for these dates?

Just in case I have to extend my trip I was posting this query as to how late I can get back into the country. I mean can I get in 25dec2007 without filing for extension or new stamping. Please advise.
 
mougc said:
Thank you very much ginnu for your reply.

yeah I am not sure probably they give from and to same date.
So although my I797 is valid till 28 aug 2008, but since I received stamping on 1Jan2006 they gave me till 1Jan2008.
--------------------may be mistake of US consulate or may be your passport was going to expire on Jan 1
Also I checked and my I-94 card says valid until 1Jan2008.
What does it mean?
-------------------- Your visa stamp was valid till 1Jan2008 and at POE they give you I-94 till your visa stamp. POE officer has not done anything wrong

Also I plan to travel from 1Nov2007 to 30Nov2007. Can I return based on my current stamping for these dates?
------------------ you have Visa stamp valid till 1 Jan2008 and you can come back with that Visa stamp (better to reach US 6-7 days advance of Visa stamp expiry date, I know case the person wanted to enter 1or 2 days before visa stamp expiry and his flight got delayed)
Just in case I have to extend my trip I was posting this query as to how late I can get back into the country.

I mean can I get in 25dec2007

----------------YES and you will get I-94 till 1 Jan 2008 . FYI you will NOT have much time to file H1 extension after you come back, H1 extension MUST reach USCIS before the I-94 gets expired. your lawyer may take time to file H1 extension and your I-94 may get expired before petition reach USCIS. you want to travel from 1Nov2007 to 30Nov2007 if I am in your situation I will file H1 extension NOW with Premium Processing and will get H1 extension approved in Hand in 15-25 days from the date of filing and when enter US show the valid H1 visa stamp AND H1 extension approval at POE and you will get I-94 till your H1 extension.


without filing for extension or new stamping. Please advise.
Click to expand...

-------------
 
Thank you very much ginnu for clarifying all my points. I had few more queries.

1) Can my lawyer file for my H1 extension while I am travelling (and I enter before my 2Jan2008 I-94 expiry).

2) What would happen if my H1 extension is done till say 28Aug2011 before my india trip, but I dont go for H1 stamping in this trip as a result my I-94 will expire 2Jan2008. WHat ar ethe implications of such a scenario. Can I just go for visa stamping in my next india trip? Or does it have any other repurcussions.


Sorry for putting forth so many scenarios. But I would really appreciate your reply.
 
mougc said:
Thank you very much ginnu for clarifying all my points. I had few more queries.

1) Can my lawyer file for my H1 extension while I am travelling

(and I enter before my 2Jan2008 I-94 expiry).
**** earlier you wrote that your I-94 is valid till Jan1 2008****** what is correct???

-----lawyer or employer can file but if gets approved before you enter US then you should get it in hand out of US and then enter with valid visa stamp and show H1Ext approval AND visa stamp.
2) What would happen if my H1 extension is done till say 28Aug2011 before my india trip, but I dont go for H1 stamping in this trip as a result my I-94 will expire 2Jan2008.
------------------------------------if you get your H1 extension approved till 28Aug2011 before you go out of US then it is good for you . if file normal I dont think you will get H1 Ext approved in August but if file with Premium processing then you may get H1 Ext approval in hand in 15-25 days from filing date ( That is good for you)
WHat ar ethe implications of such a scenario. Can I just go for visa stamping in my next india trip? Or does it have any other repurcussions.
--------------- if you get H1 extension approved in hand and then go out you can enter with valid visa stamp that is valid till Jan 1 2008 at POE show valid Visa stamp AND H1 approval notice and you will get I-94 till H1 approval notice.

Sorry for putting forth so many scenarios. But I would really appreciate your reply.
Click to expand...

for more info talk to your lawyer.
 
Thank you very much for your thorough reply.

MY I-797 is valid from 28Aug2005 until 28Aug2008.
My Stamped H1 from India is from 1Jan2006 until 1Jan2008.
My I-94 expires on 1Jan2008.

If I file for H1 extension. Is it going to be from 1Jan2008 to 1Jan2011 or from 28Aug208 to 28Aug2011.

H1 extension can be filed 6 months before date of H1 expiry. My H1 expiry date is going to be 1Jan2008 (I-94 and H1 satmping expiry date) or 28Aug2008 (I-797 expiry date).

What should I write as my H1 Issue date? Is it going to be 28Aug2005 (I-797 issue date) or 1Jan2006 (H1 stamping date).

What should I write as my H1 expiry data. Is it going to be 1Jan2008 (H1 stamping expiry date) or 28Aug2008 (I-797 and I-94 expiry date).

Thank you very much for your response.
 
mougc said:
Thank you very much for your thorough reply.

MY I-797 is valid from 28Aug2005 until 28Aug2008.
My Stamped H1 from India is from 1Jan2006 until 1Jan2008.
My I-94 expires on 1Jan2008.

If I file for H1 extension. Is it going to be from 1Jan2008 to 1Jan2011
-------------------------YES from 1Jan2008 to 1Jan2011
or from 28Aug208 to 28Aug2011.

H1 extension can be filed 6 months before date of H1 expiry. My H1 expiry date is going to be 1Jan2008 (I-94 and H1 satmping expiry date) or 28Aug2008 (I-797 expiry date).
---------------------one can file 6 Before I-94 expiry date , in your case you can file 6 months advance of 1Jan,2008.
Click to expand...
------------------Company lawyer who is going to file H1 extension knows what to fill on forms.
 
You must log in or register to reply here.
Top