My H1B expiring on 12thDec nd have to travel India frm 10thNov to 30Nov.
Company will file extn in Sept so there may may be possibility of not getting approved by Nov end.I will ask for premium but if company doesn’t agree thn is there any possibility that I would be stopped from entering US on 1st Dec.Will they allow me to enter(VISA valid till 11th Dev).Will they not ask 1000 questions that why I am coming back just 2 weeks prior to my expiry.
Can I tell them that extension is still in progress…will they agree for this?
My only worry is that I should not be sent back from US airport even when I am having valid visa for 2 more weeks.
Thats a 50-50 chance youare taking. The immigration officer may allow you sometimes, when you show the extension receipt and all but again thats 50-50 chance.
Apply soon through premium processing, if company does not pay for premium, ask if you could pay for the premium process. Premium should take about 15 days to process and to know your petition result, this is the best bet you can rely on for now.
Suppose after premium my petition got approved then do I have to go for Re-Stamping in India before coming back to USA?
I saw in another post in this forum which tells that you should not have a problem if you are entering within such a short validity period but you need to reason out why you are entering. Its always good to be on the safer side.
Yes, definitely you have to go for stamping if you get your H1 approved and you are out of country.