H1B Visa expiring same week as re-entry into USA

[gbharathsri]

Hi All,

I have a valid H1B Visa( and I-94) until Feb 1st 2013. I have to travel to India to attend my marriage in January. My plan is to come back by Jan 30th, so I don't have to go for Visa stamping. I'm currently on my final year of my H1B and waiting for I-140 approval so I'm taking the case of not getting the approval in time to go for visa stamping.

Will there be a problem at point of entry as I'm entering the country and the visa is expiring same week? Does anyone have similar experiences? I will have an extended I-797 (from recapturing time I was out of country which was about 4 months) and may be I-140 as well before the re-entry. Will this help my case?

Any responses would be appreciated.

Thanks,

Bharath

[nineballs]

As long as the visa is valid and you have a valid I-797, you should be fine. Technically, you can enter the US till 11:59 p.m. on 02/01/13. You will get the I94 till I797/passport expiration (whichever is earlier). Have fun.

[mitsu3000gt]

you are good to reenter US till Feb 1st 11.59pm. Hope your flight wont get delayed or cancelled.

[gbharathsri]

Thank you!

[metroguy]

Its incorrect. I was in the same boat and my visa is about to expire in 3 months. At the port of entry the offier stoped me for that . I even showed my new I797 and luckily I have a valid canandian visa and I said I will get my visa stamped in Canada. So he allowed me in. If your visa is expiring in next 3-4 months, its better to get it stamped in india before traveling back. If your visa is valid for atleast 6 months you will be good on reentry

[pontevecchio]

"Its incorrect. I was in the same boat and my visa is about to expire in 3 months"

Absolutely untrue. The visa is only an entry document valid for entry till the last minute it is valid. Please do not mislead posters .

[deccanchargers]

Hello gbharathsri,

Would you please share your experience, I am also in similar situation.

Thanks,

Siddu

[deccanchargers]

I have a question, I am in same situation but I don't not have new I797, I am planning to apply for h1 extension after I come back. At the time of re-entry I would have 1 month left on my visa. Guys please answer.

[omshiv]

why dont you apply for H1 extension now?