H1 & H4 Entering USA when we have 2 more months of Valid Visa. Will it be a problem

[TAMILSELVAN PATTABIRAMAN]

Hi Team,

Scenario: I am Currently in USA with H1B Visa Valid until June 2019. My wife and new born kid are currently in India with H4 Visa valid until June 2019.

I need to travel to India on April 10th to bring them back to USA on April 15th, 2019. We are yet to File extension. We will file extension after entering USA. 

Questions:

1. On April 15tth, 2019 Since we will be having only 2 more months of valid visa will we have trouble in Port of Entry?

2. We need to file extension only after entering USA on April 15th. Will this situation impacts us in Port of Entry? 

3. Also i have currently H1B Relocation Amendment(Status: RFE)?  Will it Impact in the Port of Entry. ? 

4. My Employer is suggesting to come before April 1st  so that its 10 Weeks(2.5 Months) to the Expirry date. Is 10 Weeks is a Law. Is it my employer taking 2 more weeks extra as buffer period? Note: Due personal reason i cannot enter before April st. 

 

 

[rohit369]

1. No problem. You can enter even with 1 day left on a valid visa.
2. No impact.
3. No impact.
4. No such law. Sooner the better, since it will take some time to prepare the paperwork to file for the extension. But all that they will need is the new I-94.