Travel to India with remaining H-1B validity of 2.5 months

[gary8378]

I am working on H-1B visa (9^th year) with an expiration date of July 1, 2015 and my wife is on H-4 visa with the same expiration date. We got the visa stamped on our passports during our visit to India in 2013.

We wish to travel to India between mid March-mid April of this year and I want to confirm that we can re-enter USA with our existing visa stamp which expires on July 1, 2015 (there will be only 2.5 months left upon my re-entry). My employer is planning to file extension of H-1B in premium processing after I come back to USA in April. Please advise if there is any issue in travelling to India with remaining visa validity of 2.5 months. Thanks.

[ashuneel]

no issue

[gary8378]

Thank you.

[Developer9]

Hi Gary8378,

 

 

Just give a thought about part of a question you had asked 

 

" I want to confirm that we can re-enter USA with our existing visa stamp which expires on July 1, 2015 (there will be only 2.5 months left upon my re-entry)"

 

As per official guide lines, USCIS/DHS  itself clearly states that "RE-ENTRY "is not guaranteed if we have valid H1B stamping ..It all depends on POE officials and individuals case by case

 

Factors include ;

 

1.Multiple layers between your employer and Client.

2.How much time left on your visa (validity) ..in this case I would re-consider the plan after discussing with attorney as it only 2.5 months left ..you expect more questions ..be prepared.

3.Multiple H1B with same employer or different employers 

 

Think about all options you have infront ..Not to fear you but just re-consider by consulting the attorney for taking legal advice.

 

 

 

[gary8378]

Thank you Immigration 58. I did consult from my Immigration attorney and they said it was ok. At present I am in India, I will find out about any issues once I enter back to USA in April.

 

Thanks.

[padigopu]

Hi gary8378,

 

I'm currently in a similar situation. My H1b visa expires mid of May 2016. I would like to travel to India in February 2016 for 3 weeks and I will be left out with 2.5 months of H1B visa validity. Please share your experience and your suggestions for my travel.

 

Thanks.

[jairichi]

No issue. Your I94 will be H1B petition validity date.