H1b Stamping and re entry with 2.5 months of validity left

[sandy0910]

My situation is as below:

My current approved H1b is valid till mid of December 2018. I have a mandatory India travel for the first two weeks of October and planning to return by October 15th, during which I need to attend for stamping. This is my first stamping from F1 to H1.

My employer is planning to submit extension immediately once I return. Can I submit extension and then travel to India while its still in process? Which is better whether to apply before or after travel ?

Will I run into any issues during stamping or POE for the reason saying I have short period(~2.5 months) of validity left ?

Need suggestion from the forum who if ever been in same situation. Please suggest me with better options for this situation.

 

Thanks!

[care_candidate]

Either way is fine. Officer (While stamping and/or while at port of entry) may tell you that visa is good for few days only and what is your plan after that. Just tell them that you are planning to apply or you already applied and waiting for results.

For your sake, you may carry a letter from employer saying that you have been working from DATE and we want to continue your employment and apply/applied for extension.....no worries!

[Tjgarla]

14 hours ago, sandy0910 said:

My situation is as below:

My current approved H1b is valid till mid of December 2018. I have a mandatory India travel for the first two weeks of October and planning to return by October 15th, during which I need to attend for stamping. This is my first stamping from F1 to H1.

My employer is planning to submit extension immediately once I return. Can I submit extension and then travel to India while its still in process? Which is better whether to apply before or after travel ?

Will I run into any issues during stamping or POE for the reason saying I have short period(~2.5 months) of validity left ?

Need suggestion from the forum who if ever been in same situation. Please suggest me with better options for this situation.

 

Thanks!

If you are issued a 221G issue. You will fall into trouble , assuming if it takes longer than the expiry period  of your H1B

[shekar11#]

On 8/30/2018 at 12:40 AM, sandy0910 said:

My situation is as below:

My current approved H1b is valid till mid of December 2018. I have a mandatory India travel for the first two weeks of October and planning to return by October 15th, during which I need to attend for stamping. This is my first stamping from F1 to H1.

My employer is planning to submit extension immediately once I return. Can I submit extension and then travel to India while its still in process? Which is better whether to apply before or after travel ?

Will I run into any issues during stamping or POE for the reason saying I have short period(~2.5 months) of validity left ?

Need suggestion from the forum who if ever been in same situation. Please suggest me with better options for this situation.

 

Thanks!

Why can't your employer apply H-1 extension in premium processing. That way you can have stamping done with new I-797 which will give you close to 3 years of visa validity.

But anyways it is upto you and your employer. But you can travel with current H-1 also. No issues at POE. Better to apply extension after coming back if you are planning to take that option.