| Q. |
H1B Extension
I had planned my travel to India on 14th Nov and retunring on 29th Nov. My current H1 is valid till Jan2 2009. My employer had filed H1 extension on 4th Aug 2008. There was a query on that on 14th Oct, my employer and attorney had addressed that query and as my travel dates are close they had upgraded my extension to premium processing on nov 6th 2008.I have not yet got any updates on my case as of now. Could you please advise me if there would be any problem while coming back to U.S at immigration as my h1 visa valid only for 1 month and h1 extension still in process.
User's Location:
Bellevue, Washington, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
Valid H-1B visa and valid underlying I-797 approval notice permits application for admission to the US up to and including the last day of validity.
However, CBP officers can only admit to the end date of approved petition.
If you carry with you the new approved petition, old approved petition and present old visa before expiration date, you can be admitted to end of NEW petition date.
Worst case scenario [only admitted for the few days remaining on current petition] can be resolved by resubmitting extension request following admission, permitting you to stay until deciion made, and if favorable, until end of new validity period.
Good luck! Jim |
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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