Re-entry to US while H1-extn is filed

[avrkiran]

Hi,

I have a H1 visa which is valid till the 15th Sep 2006. I have filed for my H1 Extn on June 14th 2006 and had to travel back to India as the work was completed. I work for a company in India.

Now I am supposed to travel back to US on Aug 30/Sep 1st 06 and would be there for atleast 3 months. I expect the approval of my extension to get through before I come back to India.

The question I have is, is it ok to re-enter the US with a fresh I-94? The previous I-94 has been returned back when I came back to India. Would it be a problem to re-enter the US with a new I-94 when my visa would be valid for another 15 days. I have already received the acknowledgement for the extension that I have filed.

Do let me know if it will cause any problems for my current extension or on my return travel to India.

Thanks in advance.

Regards,
Ravi.

 

[ginnu]

Hi,

I have a H1 visa which is valid till the 15th Sep 2006. I have filed for my H1 Extn on June 14th 2006 and had to travel back to India as the work was completed.

I work for a company in India.
----- to work for company in India one does not need H1 visa

Now I am supposed to travel back to US on Aug 30/Sep 1st 06 and would be there for atleast 3 months.

I expect the approval of my extension to get through before I come back to India.
------------ let the employer send you the approval notice and at POE show valid Visa stamp and H1 extension approval and you will get I-94 till H1 extension approval
The question I have is, is it ok to re-enter the US with a fresh I-94?
-------- one always gets Fresh I-94 at POE.
The previous I-94 has been returned back when I came back to India.
------------ all I-94 are to be Surrendered before you go out of US and one gives I-94 at airline counter before going out so that it goes to USCIS records and your departure from US is recorded
Would it be a problem to re-enter the US with a new I-94 when my visa would be valid for another 15 days.
-------------- if you show ONLY visa stamp then you will get new I-94 till Visa validity date BUT if you show H1 extension approval with valid visa then you will get new I-94 till H1 extension approval

I have already received the acknowledgement for the extension that I have filed.
--------- YOU have not filed H1 extension it was filed by your US employer, get the H1 extension approval in hand Before you enter US or you will get I-94 till Visa stamp validity


Regards,
Ravi.

 

[avrkiran]

Hi thanks for the quick reply. Yes, the H1 is filed by the US couter part of my company.

The question that I have is, is it ok to stay in the US even after the H1B visa expires, based on the acknowledgement for extension of the same?

I will get my approval by the time I have to travel back to India. Can i leave the US based on the H1 approval alone, as my previous visa would have expired and I will not have a stamping done by then? Also, can i get the visa stamped from Mexico once I receive the approval of my extension?

Thanks in advance for all the help.

Regards,
Ravi Kiran.

 

[ginnu]

Hi thanks for the quick reply. Yes, the H1 is filed by the US couter part of my company.

The question that I have is, is it ok to stay in the US even after the H1B visa expires, based on the acknowledgement for extension of the same?
------------------- if the H1B extension has been filed and your employer/lawyer got the extension filing reciept from USCIS and you are in US you can stay in US while H1 extension is pending. visa stamp is just for entry to US it is not status.
I will get my approval by the time I have to travel back to India.
-------------- if you get the approval notice before you go out of US what is the problem??
Can i leave the US based on the H1 approval alone, as my previous visa would have expired and I will not have a stamping done by then?
--------------- H1 Visa stamp is not needed to go out of US, you will get I-94 extended with your H1 approval notice and when you go out then you need Visa to be stamped if you want to come back to US on H1
Also, can i get the visa stamped from Mexico once I receive the approval of my extension?
------------- yes, you can get it from Mexico or Canada
Thanks in advance for all the help.

Regards,
Ravi Kiran.