Present H-1B is valid till 9/30/2013. have already filed H-1B extension and got receipt number from USCIS.

[mlumtech@gmail.com]

Present H-1B is valid till 9/30/2013. have already filed H-1B extension and got receipt number from USCIS.

 

i am travelling to INDIA and planning to return back before my present H-1B petition expiration.

 

my question here is should Immigration law allows me to return back to USA with existing H-1B petition where extension filed and it's under process with USCIS?

 

I read some where that if H-1B extension under process (got H-1B extension receipt) with USCIS and if you are travelling to INDIA. i need to wait till my extension get approved and need to have visa stamping before coming back to USA?

 

does above information correct?

 

i am under impression that if you have valid H-1B visa and not expiring in next 45 days i should able to come back to USA even if my extension under process with USCIS ( even received h-1b extension receipt from USCIS?

 

please clarify regarding this. appreciate your response and thanks in advance. please do let me know if you guys need any more information to answer my query.

 

Thanks.

[mlumtech@gmail.com]

Hi Experts , can someone can answer below query.

 

Present H-1B is valid till 9/30/2013. have already filed H-1B extension and got receipt number from USCIS.

 

i am travelling to INDIA and planning to return back before my present H-1B petition expiration.

 

my question here is should Immigration law allows me to return back to USA with existing H-1B petition where extension filed and it's under process with USCIS?

 

I read some where that if H-1B extension under process (got H-1B extension receipt) with USCIS and if you are travelling to INDIA. i need to wait till my extension get approved and need to have visa stamping before coming back to USA?

 

does above information correct?

 

i am under impression that if you have valid H-1B visa and not expiring in next 45 days i should able to come back to USA even if my extension under process with USCIS ( even received h-1b extension receipt from USCIS?

 

please clarify regarding this. appreciate your response and thanks in advance. please do let me know if you guys need any more information to answer my query.

 

Thanks.

[sthamago]

 

i am under impression that if you have valid H-1B visa and not expiring in next 45 days i should able to come back to USA even if my extension under process with USCIS ( even received h-1b extension receipt from USCIS?

 

Thanks.

If you have stamping then yes you are good to go n come

[ramboy]

I have entered with an imminently expiring H1B on tow occasions - once with an extension already approved, and once with receipt of filing. Have your employer letter and pay stubs ready along with receipt and complete application/filing package. Generally no problem, as long as bona fide. Good luck.