Can I travel to Baja California , Mexico and return to US with 2 months on H1B visa and status remaining ?

Asked over 1 year ago - La Jolla, CA

I am currently in the 6th year of my H1B status which expires on April 30 . My H1B visa also expires on April 30 . An extension of my H1B status is being filed by my employer on the basis that my I - 140 petition has been approved . I have also applied for adjustment of status , advance parole and EAD , but that will take 2 - 3 months at least to get approved . So , with only 2 months pending on my status , will I be able to re - enter the US if I travel to Baja California , Mexico for 1 - 2 days ? I have gone there in the past and re - entered via the San Ysidro border , as late as last week for example , but since the expiration is getting close ( approximately 2 months ) , I would like to know if there are any rules that decide up to when CBP will let me re - enter the US . Thank you for your response in advance !

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes u can

  2. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . I agree with my colleague.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Karen-Lee Pollak

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . You can travel. I would take a copy of the H1B extension application, receipt notice and i140 approval notice with you

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