H1 Visa Expiration and International Travel

B

bvedant

New Member
Hello,
My H1B is expiring on 30 Sept 2003. I am planning a trip to India in first week of Sept 2003.

If I come back on 25 Sept then are there any issues ? Because when I will be back, I will have only 5 days of valid H1B.

My employer has applied for renewal and I have the WAC # for new H1B application.

In this case am I supposed to carry any documents with me ?

Thanks in advance ..
Regards
Vedant
 
Originally posted by bvedant
Hello,
My H1B is expiring on 30 Sept 2003. I am planning a trip to India in first week of Sept 2003.

If I come back on 25 Sept then are there any issues ? Because when I will be back, I will have only 5 days of valid H1B.

My employer has applied for renewal and I have the WAC # for new H1B application.

In this case am I supposed to carry any documents with me ?

Thanks in advance ..
Regards
Vedant
Click to expand...
You are better off travelling after your H1 is approved. BCIS considers the latest issued I-94 as the one governing your status. If your H1 is approved in your absence and you seek re-entry, you might get I-94 for only 5 days. In that case your legal stay will be 5 days, not what wil be on your approval. THIS IS VERY RISKY, RECONSIDER YOUR TRAVEL PLANS.
 
Hi ,
Thanks for your prompt reply..
well I can reconsider my timings.. What do you think if I come back somehwere around August 20, 2003 ? My H1b renewal has ben applied in Feb 2003 and nowadays it is anyway taking 5/7 months to get new H1b approval..

I truely agree you that there is still some risk involved..

Again thanks alot for your reponse..I really appreciate that..

Regards
Vedant..
 
The risk part is due to overlap in your new h1 approval and your re-entry. There are 2 ways you can get a longer I-94:
1. Wait for your new H1 to be approved. Travel with new H1 approval and you will get I-94 for 3 years.
2. Travel and return BEFORE your H1 is approved. Since you have applied in Feb, it will probably get approved in July-Sept time frame. If the date of new H1 approval is BEFORE the date of your re-entry, the I-94 attached to the new H1 approval stands. Otherwise you will end up with I-94 date of a few months and you will have to again apply for H1 extension.

You are better off postponing your trip, it is at all possible.
 
The following statement has confused me again:

If the date of new H1 approval is BEFORE the date of your re-entry, the I-94 attached to the new H1 approval stands.


I am sure my H1 won't get approved till I re-enter.
IS it ok to plan my vacation in this case.

Thanks in advance,
 
Originally posted by h1gcetc
The following statement has confused me again:

If the date of new H1 approval is BEFORE the date of your re-entry, the I-94 attached to the new H1 approval stands.


I am sure my H1 won't get approved till I re-enter.
IS it ok to plan my vacation in this case.

Thanks in advance,
Click to expand...

Sorry, I goofed. substitute BEFORE for AFTER in he above phrase.
 
just what i was looking for...

It means that i can plan my trip safely without worrying about any H1 issues.
 
Originally posted by h1gcetc
just what i was looking for...

It means that i can plan my trip safely without worrying about any H1 issues.
Click to expand...
Just curious, how are you so sure that your H1 won't be approved before you return form your trip? You mentioned that you applied for it in Feb. Remember that it is the approval date that matters, not the date you/your lawyer receive the notice.
 
You must log in or register to reply here.
Top