H1B expiring - extension applied - going to India...Pl help!

A

asj000

Registered Users (C)
My H1B is valid upto 1st Nov 2003. My company applied for an extension in May 2003 and going by the current pace, at the California center, the extension approval would come by Jan 2004.

I'm planning to visit India in the month of October 2003 and be back to California by 29th October 2003(2 days before my visa expires).

Here're my questions:

1. Could I face a problem during Immigration at the LAX when I come back from India on the 29th October?

2. Could I carry some documents, given by the attorney, proving that I've applied for the extension to help me out in the event I get held up for questioning during immigration?

3. Could the immigration deport me back saying that my visa expires in 2 more days?

Senior members pl help, I've already bought the ticket to India!!

Thanks in advance
 
I would suggesr defer your plan a bit.

Although you can technically enter USA even for two days - most likely you will face a barrage of questions and if any problematic officer is there - you will be sent back. Don't take a chance.
 
asj000

I seriously agree with the previous post. Given the current situations I would not risk travelling if I have just 2 days of visa left. If you are really desperate then the better option is to change your H1 app from normal to Premium by paying the extra amount.
 
I had similar situation couple of months back, but in my case I have received the H1 etxension approval papers while I was in India, my company posted them to me in India. I came into US 1 day before my current Visa expired, and I did not have any problems, but the immigration inspector did ask me if my company had applied for an extension and I said yes and showed him the approval docs, and everything went fine.

It is better if you get the approval before you come back. If not, get a letter from your company and all the photocopies of your documents stating that you have applied for extension and I guess you should be fine.

Regards
DalRanger
 
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