Travel on H1 when CP date is given ?

[abdulghaniz]

Hello

I have a valid H1 and my company wants to send me on a 4 week assignment. Please let me know if it is ok to travel considering that I have a DV interview in first week of July.

I am in India currently.

 

[toomackie]

Hello

I have a valid H1 and my company wants to send me on a 4 week assignment. Please let me know if it is ok to travel considering that I have a DV interview in first week of July.

I am in India currently.

I think you will be fine as long as you can do CP on the sheduled interfview day
because H1B is allowed to have dual intention (non-immigrant and immigrant intention)

 

[tade256]

I have a pretty similar situation. I'm in the US with an H1-B visa and my wife has won a number on the lottery. We would like to travel home for the christmas holidays for a month but our case number (EU...18xxx) most probably won't be current until next May-June-July.

There's no question on the I-94 form regarding if I ever applied for a permanent resident status and I already have the H1-B in my passport so I won't need to apply for a non immigrant visa this way question 36 will never be asked.

Do you think there's a chance that we will be denied entry on the border after coming back from the christmas vacation?

Here's a link to the I-94 form:

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/filling_out_i94.xml

Thanks!

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EDIT:

I screwed up paragraph two a bit. Just to make it clear:
- there's no question regarding if I ever applied for a permanent resident status on I-94.
- there's a question regarding it on DS-156, this was question 36. But since I already have H1-B in my passport I don't need a new B1/B2 so I don't have to submit DS-156.

 

[toomackie]

I have a pretty similar situation. I'm in the US with an H1-B visa and my wife has won a number on the lottery. We would like to travel home for the christmas holidays for a month but our case number (EU...18xxx) most probably won't be current until next May-June-July.

There's no question on the I-94 form regarding if I ever applied for a permanent resident status and I already have the H1-B in my passport so I won't need to apply for a non immigrant visa this way question 36 will never be asked.

Do you think there's a chance that we will be denied entry on the border after coming back from the christmas vacation?

Here's a link to the I-94 form:

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/filling_out_i94.xml

Thanks!

Hi tade256. I think you will be fine since H1B holders are allowed to have dual intentions. If you are asked a question regarding DV process at POE, you have to give honest answer. I understood what you meant to say. You don't need to worry about anything.

 

[starak]

You can travel as much as you want as long as you have a valid H-1B visa. I was in the same situation as you this year - my wife was a DV2007 winner and we wanted to leave the US for three weeks while my application was still pending. At first I thought I would need to apply for a parole, but the parole application form I131 specifically says that H-1B holders do not need to do that. So I went just with my valid visa, got no problems during the return to the US whatsoever, and my GC was mailed to my one month after I came back.

starak