Travelling India on expired visa/i-94.

[H1B_Pro]

Hi,
Here is my problem:

Travelling India on expired visa/i-94.


My H1B Visa expired on Jan 12th 2004, and I-94 expired one year back as I never went to India since my last revalidation. same is the case with my wife, her H4 visa expired on Jan 12th 2004.

I applied for 7th year extension on 09/15/2003 and waiting for approval from TSC. (My labor is pending at regional level since last 1 year 2 months). Our attorney is saying that it takes 6 months for extension cases. So I may expect my H1B approval by March15th 2004 and then I will be sending docs to St. Louis for revalidation.

Here is my problem:

My wife is planning to go India next month i.e Feb and come back after my visa revalidation is done i.e May 2004. I am planning to go to India with valid visa and bring her back in may.

Please advise me if there are any high risk factors involved. Even I am thinking that my labor will be done by the time my revalidation is complete.

Is there any premium processing procedures for revalidation.

Please advise me of any possible ways that I can avail in this situation.

Thanking in advance.

H1B-Pro.

 

[nkm-oct23]

You are considered out of status if your I-94 expires. If it expired more than 180 days ago, you will also be subject to 3 year bar.

 

[H1B_Pro]

I94 expired

Hi nkm-oct23 ..Thank you for the reply, I will talk to attorney and post the details.

H1B_PRO

 

[h1bfate]

Revalidation

H1Bpro
Please visit the link to clairfy you questions, under general information.
http://www.travel.state.gov/revals.html#1
My understanding was you can get your visa revalidated as long has it is within 1yr of the visa expiry.