nj29 Posted February 4, 2014 Report Share Posted February 4, 2014 Hi, My H1B visa is expiring on March 10, 2014. My H1B extension is filed and the case is under 'Initial Review'. I want to travel to India on Feb 20, 2014 and come back to US on March 4, 2014. So will there be any problem as my travel dates are very close to my visa expiry date? Can the immigration authority deny me entry to US at port of entry? Link to comment
jairichi Posted February 4, 2014 Report Share Posted February 4, 2014 Hi, My H1B visa is expiring on March 10, 2014. My H1B extension is filed and the case is under 'Initial Review'. I want to travel to India on Feb 20, 2014 and come back to US on March 4, 2014. So will there be any problem as my travel dates are very close to my visa expiry date? Can the immigration authority deny me entry to US at port of entry? I believe it should not be a problem as long as you have valid H1B visa, I797 and extension receipt notice. Why don't you upgrade to PP? Link to comment
nj29 Posted February 5, 2014 Author Report Share Posted February 5, 2014 I believe it should not be a problem as long as you have valid H1B visa, I797 and extension receipt notice. Why don't you upgrade to PP? yes..thats an option but what if I get an RFE or its gets rejected in PP? Link to comment
jairichi Posted February 5, 2014 Report Share Posted February 5, 2014 yes..thats an option but what if I get an RFE or its gets rejected in PP? What if by chance immigration officer denies you entry, just in case? Never take any risk with respect to immigration. Link to comment
rahul412 Posted February 5, 2014 Report Share Posted February 5, 2014 yes..thats an option but what if I get an RFE or its gets rejected in PP? If you travel during your H1 processing then you might be having some problems with I94. Link to comment
nj29 Posted February 6, 2014 Author Report Share Posted February 6, 2014 What if by chance immigration officer denies you entry, just in case? Never take any risk with respect to immigration. If you travel during your H1 processing then you might be having some problems with I94. Thanks Guys..will rethink about my travel plans. But 1 of my friends told me that if I carry an attorney's letter stating the reason of my travel and a return ticket from US to India dated 11th march, 2014 then it cam make my case strong. Any views? Link to comment
jairichi Posted February 6, 2014 Report Share Posted February 6, 2014 Thanks Guys..will rethink about my travel plans. But 1 of my friends told me that if I carry an attorney's letter stating the reason of my travel and a return ticket from US to India dated 11th march, 2014 then it cam make my case strong. Any views? Attorney's letter is immaterial to immigration officer at POE. Link to comment
rahul412 Posted February 6, 2014 Report Share Posted February 6, 2014 Thanks Guys..will rethink about my travel plans. But 1 of my friends told me that if I carry an attorney's letter stating the reason of my travel and a return ticket from US to India dated 11th march, 2014 then it cam make my case strong. Any views? I don't think that will make any sense. I am still asking you the same question. Why don't you upgrade your H1 processing to PP?? Link to comment
pontevecchio Posted February 6, 2014 Report Share Posted February 6, 2014 Run it by your company Lawyer. Link to comment
nj29 Posted February 6, 2014 Author Report Share Posted February 6, 2014 I don't think that will make any sense. I am still asking you the same question. Why don't you upgrade your H1 processing to PP?? Organization is not agreeing as according to them my reasons for upgradation to PP are not strong enough. :-/ Link to comment
rahul412 Posted February 6, 2014 Report Share Posted February 6, 2014 Organization is not agreeing as according to them my reasons for upgradation to PP are not strong enough. :-/ Now that's up to you whether you wanna visit now or after the H1 approval. Link to comment
jairichi Posted February 6, 2014 Report Share Posted February 6, 2014 Organization is not agreeing as according to them my reasons for upgradation to PP are not strong enough. :-/ Well, you can pay for it and it is legal Link to comment
nj29 Posted February 7, 2014 Author Report Share Posted February 7, 2014 Well, you can pay for it and it is legal hmmm..will think about it. And what if my wife travels alone..I read the foll response from one of the attorneys online : "She can travel, but essentially she would be abandoning the extension petition that was submitted since she does not need that for the visa stamping. Only your H-1B extension needs to be approved for her to apply for a new H-4 visa abroad. Also, she would not be able to return until she gets the new H-4 visa and that can only happen once your H-1B is approved. Depending on how long she plans to be in India and when the H-1B would be approved would determine when she might reasonably be able to return to the US." does this hold correct? BTW thanks for al the guidance till now. :) Link to comment
jairichi Posted February 7, 2014 Report Share Posted February 7, 2014 hmmm..will think about it. And what if my wife travels alone..I read the foll response from one of the attorneys online : "She can travel, but essentially she would be abandoning the extension petition that was submitted since she does not need that for the visa stamping. Only your H-1B extension needs to be approved for her to apply for a new H-4 visa abroad. Also, she would not be able to return until she gets the new H-4 visa and that can only happen once your H-1B is approved. Depending on how long she plans to be in India and when the H-1B would be approved would determine when she might reasonably be able to return to the US." does this hold correct? BTW thanks for al the guidance till now. :) Yes, what the attorney said is correct. Link to comment
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