nv1234 Posted August 5, 2011 Report Share Posted August 5, 2011 My sister is getting married in Jan 2012 and my husbands's 2nd H1b is getting expired in April 2012 but he's going for H1b stamping on Aug 8,2011 to Canada. If he get's h1b stamping in August then will it be a risk if he goes with me in Jan 2012? I'm on my 1st H1b.I'll get my stamping from India. Can anybody stop him at the airport while coming back? Pleas please give some suggestions. Link to comment
sanjivvinaik Posted August 5, 2011 Report Share Posted August 5, 2011 As long as your husband carry a valid visa (even 1 week left to expire) he should be fine. Link to comment
pontevecchio Posted August 5, 2011 Report Share Posted August 5, 2011 I see no problem. Link to comment
soundsgood Posted August 5, 2011 Report Share Posted August 5, 2011 It doesn't effect you as there is 3 months gap. In safe side you can file extension and if you have new I797, then they won't stop your husband. Link to comment
freshoftheboat? Posted August 5, 2011 Report Share Posted August 5, 2011 If your husband is going to get his visa stamped in Canada in Aug 8,2011 and he gets the stamp then he can travel internationally and can come back anytime. However if his stamping gets rejected in Canada then he will have to go back to his home country to get his visa stamped Link to comment
white_slip1980 Posted August 5, 2011 Report Share Posted August 5, 2011 No risk as far as I can tell. Just get a letter from Employer that his I-797 will be renewed after April 2012 and keep it handy in case he asks. Unless he comes back on a date that is very close to the visa expiry date, no one is going to question him. I travel all the time and entered 30 days before expiry and verbally said my status will be extended. More than 30 days they wont even bother asking at entry in most occasions. Good that you are planning early. Enjoy the marriage without worry free. Link to comment
gkh Posted August 5, 2011 Report Share Posted August 5, 2011 No risk as long as his stamping in canada is successful.. and he has a valid visa while returning from India. Also just to be safe, it would be a good idea to file for his h1b extension before leaving to India. Link to comment
white_slip1980 Posted August 5, 2011 Report Share Posted August 5, 2011 Sorry, its not a good idea to file extension before leaving. I specifically asked this question when I talked to my lawyer and she said not to leave US until the decision is made on the application once applied. So I waited for my overseas trip and then filed for premium processing after I came back. I may not be right but these are words straight out of my Immigration Lawyer. Hope she knows what she is talking about. Link to comment
Rashee Posted August 5, 2011 Report Share Posted August 5, 2011 There should not be any problem with your husband's US Entry in Jan 2012 if he has a valid visa . It will be advisable to keep a record of the H1- renewal documentation/ employer letter etc. alongwith though. Link to comment
gagarli Posted August 10, 2011 Report Share Posted August 10, 2011 Originally posted by freshoftheboat?: If your husband is going to get his visa stamped in Canada in Aug 8,2011 and he gets the stamp then he can travel internationally and can come back anytime. However if his stamping gets rejected in Canada then he will have to go back to his home country to get his visa stamped Can you share his interview? Link to comment
nv1234 Posted May 5, 2012 Author Report Share Posted May 5, 2012 He was asked general questions like what's ur role and was granted visa coz his gc process is going on Link to comment
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