How early before my visa expires should i travel back to US?

rolipoli85

By rolipoli85,
in H1B : General

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jairichi Advanced Member

jairichi

Posted
Posted

My H1B visa expires on Feb 05, 2014. I plan to travel to India in the 1st week of December and get back to US on Jan 1, 2014 (35 days before my visa expires). Is it fine to do so?

Secondly, i plan to file for an extension. Is it fine to file for it now or do i wait until i get back?

You should be fine. It is advisable to file for an extension and travel with the approval notice of extension.

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xfitter Advanced Member

xfitter

Posted
Posted

Secondly, i plan to file for an extension. Is it fine to file for it now or do i wait until i get back?

Depends on when your petition expires. Your petition need not expire the same day as your visa, especially if you have changed employers or extended based on approved I 140. But it looks from your post as if petition also expires in Feb 2014. If you file now, you have two months before you travel, and you should probably file in premium processing to get a result before you leave. You can show your approved petition at POE when you return and you get I-94 validity accordingly.

 

You can also file extension after you return, but you have very few days before your visa expires. I guess you could still stay legally if you have filed for an extension, but you may have issues especially if your DL expires on the day visa expires, and your state may not renew your DL without an approved petition. Secondly, if your passport expires say in 2015, and you get a three year extension, when you come back, at POE, they issue I-94 only until passport expiry date (2015). And if you go to renew your DL after returning to US, you may get a DL that's valid only until your new I94 date (2015). This could be state specific stuff, I am not certain.

 

Please consult a qualified immigration attorney; do not make decisions based on posts in forums.

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