H1B Expiry and Travel!

M

maverickr77

Registered Users (C)
Hi Folks,

My current H1B is expiring in Jan 2004 and my extension application is currently in the works (applied on Sept 03). My lawyer says that I should expect it by late December/early Jan

I am travelling to India on the 15th of Nov and will be back in the US on the 15th of Dec 03.

My concerns are as follows:-
1) In light of the fact that my extension application is pending and I would have only a month and a half left on my current H1B, will I face problems at the Port of Entry into the US? Has anybody been in this situation before and what was their experience.
2) My company is not willing to shell out the money for premier processing. I am wondering if I should spend the $1000 and get the extension approved before I leave for India.

I would appreciate your suggestions on this issue.

Thanks in advance!

Maverick
 
1. No problem at POE, they can find out that the new petition is pending. If you get the receipt number or receipt notice, it will also help.
 
Maximum what will happen is that the officer will give you the I-94 card till the date of your visa and when you get your extension it will have I-94 attached at the bottom with the new expiry and that will be as good as the card issued by the officer.
 
Jaxen/PremChopra,

Thanks for you inputs. I really appreciate it.

I also got some additional info from my lawyer.

They pretty much said the same thing that you guys mentioned. I am good to come back in the US since I have a month and a half left on my current VISA.

Now if I don't get my extension approved by the time I come back from India, the I-94 in my passport will have the duration allowed by my old VISA but it will be superseeded by the I-94 on the botton of the new H1.

But if I get the extension approved while I am in India then depending on the immigration officer at POE, my I-94 may not reflect the new duration allowed by the H1B extension. In this case, my lawyer said that I will have to file with INS again to "resync" with them.

Maverick
 
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