Urgent....untimely expiration of H1B

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vmshanbhag

New Member
My brother is on H1B visa valid till Jan 2004.
He has completed concurrent application of I 140 and I 485 for his Green Card and has EAD valid till Mar 2004.
He went to India on Nov 15th 2003 and his I 140 got approved while he was in India.
He returned to the US on Dec 15th and was informed by the US Immigration that his H1B visa expired on Dec 9th and because of which he is not being allowed to enter the US.

Does anyone know if H1B visa get automatically cancelled if the I 140 gets approved? Or is there any other reason by which the H1B visa can get prematurely cancelled?

Please help...as time is of the essence. Thank you
 
This is the first time i have heard h-1b visa expiring before the expiration date specified in the usa stamped visa/ approval document.

Do you mean he has h-1b visa until jan 04 but had an expired i-94 which expired in december? I-140 approval definitely has nothing to do with h-1b visa expiration.

Please post this question in the h-1b thread.

First and foremost consult an attorney since this is your own brother and there is probably no time for discussion in a forum.
 
Okay there is definitely a different between visa expiring in jan 04 and dec 03.
Did your brother show them the expiry date says JAn 04? If it does they have to let him in. I know of a friend that came in 5 days before his visa expired and was welcomed?
There is definitely more to the story.
 
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