Travelling to India with Receipt # in hand and coming back within Visa expiry

[okrishnan1983]

Hi ,

Need your help and inputs here. My current H1B visa expires on October 13th, 2013. I have applied for my visa extension and it has been submitted to USCIS on June 3rd and waiting for approval. In the meantime, I have to travel to India now and planning to travel between Sept 15 and coming back by October 7th. I have my receipt # with me.
Queries:

1. Can I travel in this situation?
2. Do you see any problem in POE if I come back before a week of my visa expiry?

[omshiv]

Expect questions at POE..although you are safe to enter before the expiry..just carry all your H1 related documents.,

[jairichi]

Hi ,

Need your help and inputs here. My current H1B visa expires on October 13th, 2013. I have applied for my visa extension and it has been submitted to USCIS on June 3rd and waiting for approval. In the meantime, I have to travel to India now and planning to travel between Sept 15 and coming back by October 7th. I have my receipt # with me.

Queries:

1. Can I travel in this situation?

2. Do you see any problem in POE if I come back before a week of my visa expiry?

You can travel. My suggestion would be to upgrade your H1B extension to PP to have peace of mind.

[xfitter]

At POE, they ask for your approved petition, if you want your new I-94 expiry dates corresponding to your extension petition. I also have heard that travelling while your H1 extension is in process and re entering with a different I-94 while extension is still in process may cause confusion, as you get a new I 94 # when you re enter. My attorney advised against travelling while my extension was in process. Please check with your attorney before you travel. 

 

As jairichi suggested, upgrade to premium processing, get your approved I 797, leave US, reenter before your VISA expires and show your approved I 797 at POE.

 

As always, this is a forum advice, so please confirm facts with your attorney and then book your travel.