Concerned at the Post Of Entry

[civaram]

Hi, I am on H1B and my wife is on H4. Our current VISA is going to expire on September 4 2005 and my 6 year H1B span too. My company already applied for the 7 th year extention (based on Pending Labor) but haven't recevied the approval yet. Right now, my wife and my daughter (1 year old and US citizen) are in India and I am planning to go India on July 22 2005 and all will be back to United States on August 21 2005. We are not planning to attend US Consulate in Chennai to do VISA stamping for the 7th year extension (appointment not available in this time frame). So by then we will have only 2 weeks (10 business days) of VISA eligibility left on our passports . Do we get any problems at the port of entry for having only 2 weeks of valid VISA? Do we still face any difficulties at the port of entry even if I have the 7th year extension approval paper? Is there any rule that says about the numbers of days (like 30 , 60 ...days) the VISA must be valid inorder to enter into United States? I badly need a quick response. Thanks in advance.

 

[great guru]

Hi, I am on H1B and my wife is on H4. Our current VISA is going to expire on September 4 2005 and my 6 year H1B span too. My company already applied for the 7 th year extention (based on Pending Labor) but haven't recevied the approval yet. Right now, my wife and my daughter (1 year old and US citizen) are in India and I am planning to go India on July 22 2005 and all will be back to United States on August 21 2005. We are not planning to attend US Consulate in Chennai to do VISA stamping for the 7th year extension (appointment not available in this time frame). So by then we will have only 2 weeks (10 business days) of VISA eligibility left on our passports . Do we get any problems at the port of entry for having only 2 weeks of valid VISA?



If you show the recipt notice, and officer checks it , and your petition was rejected by INS, you may denied entry.

If your petition is not approved/pending, you will not be denied entry, but I 94 validity will be only 2 weeks.
Do we still face any difficulties at the port of entry even if I have the 7th year extension approval paper? Is there any rule that says about the numbers of days (like 30 , 60 ...days) the VISA must be valid inorder to enter into United States? I badly need a quick response. Thanks in advance.