H1-B Clarification on travel to India - Urgent

[vjjammi]

Hi,

Can someone please help me out and advise on the following situation. Thanks in Advance for looking at the post.

I recently got transferred to USA on July 7th, 2012 from a company in India on my H1-B Visa. I work in a Client's location / Offsite location in Cleveland as of now.

I have a planned vacation in December on a personal note and I have a couple of clarifications that I need to make from an immigration stand-point.

"Im a H1-B holder and I recently got my H1-B approved in May,2012. I landed in the U.S. on July 7th, 2012 and I have my H1-B Visa and work petition valid until March 18th,2013.

I'm trying to apply for my H1-B extension in the recent future. I have a planned vacation to India in December last week of this year 2012 for 3 weeks and I'm planning to come back to USA on January 15th."

So as my current VISA and H1-B petition are expiring on March 18th, 2013, I will be having only 2 months of Validity left on my VISA and which obviously means I would be issued an I-94 with around 2 months of Validity. So can you please confirm on the following things?

1. Is it OK from an immigration stand-point for me to travel to India in December,2012 for a 3 week vacation with a limited Validity of 2 months on my VISA & current work petition(which is Valid until March 18th,2012)?

2. I'm trying hard to get my extension filed before I leave to India for a vacation. In the last week for a vacation in December,2012. Being pesismistic, if my extension is not filed by the time I come back to India, is it OK from an stand-point to enter the USA with the current Validity of 2 months and get my extension filed right away once I come back?

Best Regards,

VJ

[vn1295]

Hi,

Last year I went to India in March and returned to USA by April-20. My visa was valid till June-30 only. After came to USA, I have applied for H1-B extension and I got it. I think it wont be problem in your case.

I am just sharing my experience. Check with more people for further clarifications.

Regards

Nataraj

[vjjammi]

Nataraj thanks so much for sharing your experience. That was a confidence booster to me.

[wiweq]

"So as my current VISA and H1-B petition are expiring on March 18th, 2013, I will be having only 2 months of Validity left on my VISA and which obviously means I would be issued an I-94 with around 2 months of Validity. So can you please confirm on the following things?"

=> They will let you in even if you have 2 days on your visa. Validity of visa is important not the days remained on it.

In the first week of this Aug I returned back from India, visa expiring in Sept 2012, I94 expiring in Feb 2013.

[vjjammi]

Hello Sir,

Thanks so much for your response. I have my plans confirmed now and I would be having a good vacation in India.

Thanks a ton for your responses guys. These fourms are really helpful.

Also thanking MURTHY.COM and really appreciate your guys!

Best Regards,

VJ.