H1B - International Travel return with 2 weeks visa period remaining

[DoTheRightThing]

Hi,

 

I am on a H1B visa and below are my details

 

H1B Visa on passport expires on 31-Aug-2016

I-94 is valid until 31-Aug-2016

I-797 is also valid until 31-Aug-2016

Passport is valid for another 6 years

 

I have been working for the same employer since I came to the US and I have a H1B amendment and H1B extension both in process.

 

My employer has asked me to travel to another country for work and return on 16-Aug-2016, 2 weeks before my H1B visa would expire.

 

1. Can someone please let me know if it is safe to return back to US with 2 weeks remaining on the visa and while H1B amendment and the extension is still in process.

2. If it is safe to travel, is there any documentation I need to get from my company before my travel?

 

Please advice.

 

Thanks.

 

 

 

[NP2020]

You are legally allowed to travel. When you come back, you will get I94 only till 31st Aug 2016 unless you get new approved I797 approval notice. Carry the standard documentation that you do for your travel. 

When you come back, POE officer might warn about expiry of H1. At the time, tell that your employer has already applied for extension and show the I797 un approved copy that has your status tracking number (EACxxx or WACxxx etc). 

[cap-gap]

the clean way to handle would be to ask ur employer to do a PP on H1B extension...if they can afford to send you oversees, they can definitely afford a PP..either you can get a new H1 stamp with that new 797 in that third country, if the consulates there allow it..

 

or you can enter with ur old visa before it expires and the new 797 so that you can get a new three year I94..

[DoTheRightThing]

Thank you for your quick responses. I really appreciate it.

 

Traveling out of the country will change my I-94 date. Wont this affect the H1B amendment and H1B Extension that is in process?