H1B expiring - extension applied - Visiting 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
 
U can enter US anytime, as long as ur visa is valid.

Since u have only 2 days left - take with u the copy of the H1 extension receipt. But show only if asked.
 
You should contact your attorney. This is what they told me when they applied for my H1 extension.

Leaving the United States while the company’s petition is pending could have serious consequences on your nonimmigrant status. If you intend to leave the United States (including brief visits to Mexico or Canada) prior to the approval of the petition, please immediately contact our office to discuss the matter.
 
I think you need to understand the following on your status especially now...since even a small mistake can be pretty costly.

Once you travel outside and re-enter the country (example from a visit to India) you would get a new I-94 based on how long your I-797 is valid , this defines how long you can stay in the country.

While a visa just allows you to enter the country only but doesn't define how long you can stay.

now lets say you pending application gets approved (this would be actually be referenced to your old I-94 number if you do get a extension along with the new I-94)

I believe the rule is whatever is the last approved that defines your stay but lets you while you were in India you application got approved and then you enter the country in this case your stay will be defined by the I-94 that you get at POE.

Either way to be on the safe side make sure you talk to you attorney before you travel....
 
Travel when a change of status is pending will abandon the change of status. In your case it is extension, so you are fine. I94 problems can be easily fixed by getting a new One (go to BCIS office or nearest POE).
No second opinion on consulting lawyer:)
 
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