Can I enter into US with only one week of Visa stamp validity

[shesa]

Hi,

 

My H1B visa stamp is valid till 20th sept. My company has filed the extension in Regular process, but have not recieved the reciept number yet. I need to travel to India to get engaged. Would it be a problem at port of entry if I enter US just 7 days before my visa expiry date.

 

1) What would be the case if I enter US with a reciept number of extension on 13th sept

2) What would be the case if I enter US without a reciept number on 13th sept(if I dont get reciept number by that time)

 

Also my old passport has Visa(surname as blank and Given name : x y) and now I got a new passport with corrected name(surname: x; given name: y). Now I applied the extension with the corrected name in the passport. Will this also create a problem while entering US, since the visa has surname as blank and new passport has the name split into surname and given name.

 

Please let me know your thoughts on this. Thanks in advance.

 

Regards,

Shesa

[pontevecchio]

First talk to the company Lawyer about the matter. Carry both passports. I suspect you can enter the way you propose. But it is a tricky matter. Talk to your company ;Lawyer before travel. PP would solve your problems if it works. Try asking for a conversion to PP.

[dele]

1) Is your visa stamp expiration date the same as your H1-B Petition Approval expiration date? Sometimes it is not and the H1-B Expiration date is added as a note to your visa which means your current worry is a non-issue.

 

2) Secondly, I don't believe there is anything wrong in entering the US with a visa which is only valid for the next 7 days. You only fall afoul of the law when the visa has expired and you don't have any other legal immigration state.

[shesa]

1) Is your visa stamp expiration date the same as your H1-B Petition Approval expiration date? Sometimes it is not and the H1-B Expiration date is added as a note to your visa which means your current worry is a non-issue.

 

2) Secondly, I don't believe there is anything wrong in entering the US with a visa which is only valid for the next 7 days. You only fall afoul of the law when the visa has expired and you don't have any other legal immigration state.

Thanks for the response.

 

Yes my visa stamp expiration date same as H1-B petition approval expiration date .

[shesa]

First talk to the company Lawyer about the matter. Carry both passports. I suspect you can enter the way you propose. But it is a tricky matter. Talk to your company ;Lawyer before travel. PP would solve your problems if it works. Try asking for a conversion to PP.

Thank you.. I spoke to my company about premium processing but looks like they are not willing to convert it into PP..They filed my regular extension just two days before. If somehow they agree for PP, how many days it takes to convert it into PP? Also my company said, nowadays it is taking 3-4 weeks to get a visa appointment date. Can someone tell me where can I track the exact current wait time for visa stamping appointment?

[jairichi]

Thank you.. I spoke to my company about premium processing but looks like they are not willing to convert it into PP..They filed my regular extension just two days before. If somehow they agree for PP, how many days it takes to convert it into PP? Also my company said, nowadays it is taking 3-4 weeks to get a visa appointment date. Can someone tell me where can I track the exact current wait time for visa stamping appointment?

If a request (including fee) is submitted it immediately gets converted to PP and decision would be taken in 15 calendar days. In India as far as I know you get interview days with in 3 to 4 days