Question related to POE

[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 post 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 your response and appreciated your quick response. Thanks in advance.

 

[ginnu]

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 post 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?
-------------------- if you get H1 extension approval notice bofore the date you come to US then show valid visa stamp in passport AND H1 extension approval notice and you and your spouse will get I-94 till the validity of your H1 extension approval , check the I-94 date at POE for you and your spouse if mistake point it to POE officer or ask for supervisor.
*** if you dont get H1 extensin approval notice in hand before you reach POE you will get I-94 till visa validity and same for spouse ( you have to file for your wife H4 extension with form I-539 BEFORE her I-94 gets expire, keep the papers ready and send her H4 status extension to USCIS and attach your H1 extension filing reciept copy or contact your lawyer who filed your H1)

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?
--------- one can enter 1 day before with valid Visa
I badly need your response and appreciated your quick response. Thanks in advance.

** if H1 extension approval not an hand when coming back better keep H1 extension filing reciept and employer letter stating that you are working with them and your 7th year H1 extension is filed with USCIS and show at POE ONLY if asked.