can one enter US, if visa is expiring in 2 months?

A

AwaitedLabor

Registered Users (C)
hi:

my wife has gone to india .her H4 expires end of feb.she is planning to come end of dec.will she face any problem?

our labor has cleared & we have applied for I-140/485/765.

would appreciate a reply.

Thanks!
 
no worries

I had a friend who entered the US when his H1 was expiring in 3 weeks and he had no problems. The I-94 will be stamped up to that point .....
 
Entered with 3 days to expire in Visa

I entered when I had 3 days left on H1 Visa...The officer looked at me and before he could ask anything, I told him that I have already applied for extension before I left US. He just smiled and stamped the passport...No question asked...
 
Need help : H1 Extension Approved. Stamping not done yet, Visiting India

HI I need some advise:

I am currently on H1B. Regular Extension/Ammendment approved 4/23/03. Sent Passport for VISA Stamping in Dept of State but they returned the passport saying that VISA stamping to be done from Home country.

I have plans of visiting India in January 2004, but reluctant as I heard that when I go to India for stamping I have to go for face to face interview even though my H1 petetion is approved.

I have my 140/485 filed already. Has anyone been in the same situation? Please advise whether I should take the chance to get the stamping done from India or juust stay in USA until I get my EAD / AP?

Appreciate some help from persons been in the same situation recently. Also any suggestions on what are the chances VISA stamping could be rejected at India.

Cheers!

Anindya_72
 
A visa can only be stamptend in US as an extension. Not first time H1. You have to do that in the home country only or ouside US.
Best to just get AP- it is easy works as well.

Haven't heard of H1 being rejected in India- but the possiblity always exists.
I am not sure but - if you have applied for 485 you perhaps will not be eligible to apply for H1 visa- should not have applied for immigration.

HTH
 
Originally posted by sb_tiger
I am not sure but - if you have applied for 485 you perhaps will not be eligible to apply for H1 visa- should not have applied for immigration.
Click to expand...
Actually that is not true, the H1 is a dual intent visa, and has not after effects as such for the AOS application.

But if you enter the country on a H1 you NEED to show the immigration officer at POE your original 485 petition, to prevent an abandonment flag placed in your AOS record.

The best thing in Anindya_72's position would be to wait for AP if there is no urgent need to travel.
 
H1 Extension/Regular Visa Stamping to be done from India effective Oct 16th ,2003

Originally posted by 140_takes_4ever
Actually that is not true, the H1 is a dual intent visa, and has not after effects as such for the AOS application.

But if you enter the country on a H1 you NEED to show the immigration officer at POE your original 485 petition, to prevent an abandonment flag placed in your AOS record.
Anidya_72: Original Copies of 485 or photocopies of the receipts ( 485, 140, Fingerprint Notice etc) ?


The best thing in Anindya_72's position would be to wait for AP if there is no urgent need to travel.
Click to expand...

Thanks guys for the information.. I am on H1 currently and this my extension has been approved its just the stamping that was not done here as Dept of State has started rejecting Stamping in US from Oct 16th Onward (!! news to me )

Under the circustances if I have to go what are the chances that a visa is rejected at an US Consulate in India for an approved H1 extension petetion.


Anindya_72
 
"Dept of State has started rejecting Stamping in US from Oct 16th Onward "

Anindya_72

This does not seem to be true.
Can you provide us a link to this news item or info item?

Thanks,
 
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