what is the minimum no of days required in I94 for Re entering into US


This is Ram and currently in US on H1B visa and I94 is valid until OCT 1st 2014, I have applied for H1B extension through my firm and yet to receive the receipt no,Meanwhile I have a situation where I have to leave to India, so I have booked my tickets for SEP 5th 2014 and return on SEP 27th 2014.

I do see below possibilities and have listed them as per my understanding, but would request you to confirm based on your expertise.


1.       H1B extension petition being approved while I m in INDIA(I.e Between SEP 5th to Sep 27th of 2014).

In this case I believe I will have to get the stamping INDIA before returning back to US.


1.1   If the petition is approved, while I m in INDIA(I.e Between SEP 5th to Sep 27th of 2014) and when I m going for stamping in INDIA, do I need to carry the HARD COPY

of the new approved HIB petition copy I797.


2.       Petition is still in review and not yet Approved or Rejected.

In this case can I come back into US on SEP27th as per my existing I94, I ask this question because my existing I94 expires on OCT 1st 2014 and ideally only 4 days will be left.


3.  Me traveling to INDIA, while the H1B extension is still in process, have any negative impact on the approval process or is there a possibility of having an RFE because of travelling to INDIA.


i have answer to your 2nd question. for others i am not sure.

  1. once you exit US, your current i94 is closed/completes. you can not enter again on this one. they will give you new i94 from the date you enter. Fresh i94 is issued for each entry.