Will returning to USA with a week of H1B visa validity possible?

[getmenewid]

Hello,

My H1B visa issued with last employer's name will expire on Apr 06, 2009 although my new petition with current employer (and I-94) are valid till Jan 2011. I am planning to go to India on a vacation during the month of March and most likely will return by Mar 31, 2009. Questions are,

1. Is it risky by any means to return with only a few days (1 week) of visa validity left (again my new petition is valid till Jan 2011)?

2. Would it be possible to go for a visa re-stamping during the month of March (even though there is an unexpired visa) just to be safe? Or is this the only option?

3. My current employer has also started the green card process and has applied for the labor certification. Will this step alone be considered as someone being sponsored for a immigrant visa or only after I-140 is filed? Reason is, I think there would be one question during the re-stamping application (if I opt for it) whether any one has sponsored me for a immigrant visa or not?

Thanks much.

 

[ginnu]

Hello,

My H1B visa issued with last employer's name will expire on Apr 06, 2009 although my new petition with current employer (and I-94) are valid till Jan 2011. I am planning to go to India on a vacation during the month of March and most likely will return by Mar 31, 2009. Questions are,

1. Is it risky by any means to return with only a few days (1 week) of visa validity left (again my new petition is valid till Jan 2011)?
--------------- one week advance of visa stamp expiry is OK. at POE show your valid Visa stamp AND New employer H1 approval notice so that at POE you get I-94 till your new employer H1 approval notice(till Jan2011). check the I-94 validity date at POE if any mistake ask the officer.

2. Would it be possible to go for a visa re-stamping during the month of March (even though there is an unexpired visa) just to be safe? Or is this the only option?
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3. My current employer has also started the green card process and has applied for the labor certification. Will this step alone be considered as someone being sponsored for a immigrant visa or only after I-140 is filed?
-------------------H1 is has dual Intent. it does not matter if LC for you is filed or I-140 filed or I-485 pending.

Reason is, I think there would be one question during the re-stamping application (if I opt for it) whether any one has sponsored me for a immigrant visa or not?
-----------------If LC is filed write 'YES'
Thanks much.

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