Urgent!!! H 1B and travel to India

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robby285

Registered Users (C)
My H1B Visa and I 94 is expiring dec 26 2004. I am planning to go to India from Sept 3 to 27. My wife will be returning Nov 10. I still have 1 year left in my 6 year Hi B period. I am planning to apply for my I797 extension once I get back to the US. Would I have any problems at the POE in the US since my H1B will be expiring in 2 months time? Please advise..

Many thanks
 
Do you have your passports stamped with your current visas?

If YES, then there should not be any problem in reentering on your H1B.

However,if you apply for your extension, it is advisable to send a copy of the receipt notice to your wife just to be on the safe side incase she is questioned on her entry.

If NO,then you would have to have your passports stamped at the Consulate in India with your current visas before you can reenter.
 
Urgent!!! H 1B and travel to India ...

Many thanks for your reply. We both have Visa stamps on our passports valid till dec 24 2004. I have not applied for extension yet. Would that be a problem at the POE for my wife when she returns back Nov 10 2004.

Your replies are highly apreciated!
 
robby285 said:
Many thanks for your reply.

We both have Visa stamps on our passports valid till dec 24 2004.
-you and your wife can enter US vith Valid Visa stamps before Dec 24,2004

I have not applied for extension yet.
---Once you are back you can apply your H1 extension and dont forget to file your wife H4 extension with form I-539, if you both extensions file in same envelope to USCIS then both will be approved same day by USCIS. request your lawyer to send your wife extension with your extension( lawyer or employer may not ask you have to inform them)
Would that be a problem at the POE for my wife when she returns back Nov 10 2004.
----- if your wife comes back any day before her H4Visa stamp expiry then no problem, better she should come 7-8 days before her Visa expires, so that she immidiatly file her H4 extension with USCIS BEFORE her I-94 expires
Your replies are highly apreciated!
Click to expand...
 
Hi

HI Guys,


i m in the same boat too. my visa is expiring on Jan 6 and me and my wife going to india and be back in Nov early...so that way i will have 2 months validity..I saw your update that if current visa is stamped there will not be a problem. but in my case me and my wife both has old employer's visa stamped in the passport but that is valid even one month later of my current employer's validity that is Feb 24th.


Will there be a problem while coming back when i have 2 months time left and my old employer's visa is stamped but i have new employer's 797 approval letter.


thanks
 
I think you have to get fresh H1b stamping in india for the new company.

Its not very advisable to use old h1b stamp to enter with new 797 approval paper.
 
GivemeGeeCee said:
HI Guys,


i m in the same boat too. my visa is expiring on Jan 6 and me and my wife going to india and be back in Nov early...so that way i will have 2 months validity..I saw your update that if current visa is stamped there will not be a problem. but in my case me and my wife both has old employer's visa stamped in the passport but that is valid even one month later of my current employer's validity that is Feb 24th.


Will there be a problem while coming back when i have 2 months time left and my old employer's visa is stamped but i have new employer's 797 approval letter.
---NO Problem show the Valid Visa stamp AND new employer H1 approval notice at POE and you will get I-94 till new employer H1 approval notice, your spouse will also get I-94 valid till your new H1 approval, check your I-94 date at POE and if any mistake point out to officer or ask for supervisor
Click to expand...
 
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