I’m presently in USA. My current H1b petition and visa stamp is valid until Aug-1,2019. However, I do have an approved extension from USCIS(I-797) for the extension of visa from Aug-2,2019 to Jan,2022. I plan to travel to India on a personal trip for one week during last week of June and return USA on July 1st week( four weeks before my stamp expiry date). Can I make this travel and be allowed at Port of entry with no issues? If asked by the officer at POE "why I’m entering the country 4 weeks prior to current stamp expiry ",I plan to show my approved petition copy for my future dated H1b extension. I assume this should be okay as I will have a valid stamp for four more weeks during entry. I wanted to get your opinion on this
I would not be able to go to stamping for my extension of visa as I will be in India only for a week. I plan to get a new stamp for h1b extension in my next trip.
Request you to please let me know if you see any risks of me making this trip.
You should be fine. There are many, who have entered that I know with 1 week remaining. You can always share your plans that you have extension. Visa is only for entry, does not matter beyond that…It is the status that matters. Read US visa vs Status
Dont worry, carry all documents of extension and current employment, you will be fine.
I hope you have arrived in USA by now.
Can you please share your experience as I will be going through the same thing.
Per my knowledge we should proactively show the new petition to the officer at the port of entry so that they can adjust the I94 date accordingly. In my case my employer is changed from A to B but stamp is valid till 30 Sep 2019 which says petitioner as “A” and I will be returning from India on 13 Sep 2019 (before the expiration of the stamp on passport)
@anand.j Yes, you need to show the right petition that you plan to use to work in US so that I-94 gets given accordingly.
@kash, do share your experience for community benefit.
@kash - Can you post your experience in POE.