Travel with 2 months left on H1B

[sosr]

Hi,

My H1 is valid till 07JAN13. We're planning for an India trip and returning to US by 02NOV12. My question is:

1. Is there any reason to be worried at PoE with 2 months left on visa?

2. What possible questions customs may ask reg. visa expiry?

My employer is willing to apply for H1 extension. In that case:

1. Can I apply before leaving US or wait till I come back?

2. If I apply beforehand, and get a positive decision before leaving, do I need to go for stamping before entering?

3. Can I travel while the visa extension application is pending with USCIS?

Thanks.

[wiweq]

1. Is there any reason to be worried at PoE with 2 months left on visa?

=> No question should be asked about the visa expiry. You can enter in USA even on 1 week visa. It’s YOUR duty to maintain your visa status.

2. What possible questions customs may ask reg. visa expiry?

=> If asked, tell them your employer is planning to file your visa extension.

My employer is willing to apply for H1 extension. In that case:

1. Can I apply before leaving US or wait till I come back?

=> Better to come back to US and apply for H1b extension. If you are outside of USA, your h1b extension may be cancelled.

2. If I apply beforehand, and get a positive decision before leaving, do I need to go for stamping before entering?

=> If you have unexpired visa stamping even with different employer, you don’t need to go again for stamping.

3. Can I travel while the visa extension application is pending with USCIS?

=> Better to avoid.

[INDNewYork]

That is never a problem, comeback and apply for h1 ext.

[sosr]

thanks guys.