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

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 !

La Jolla, CA -

Attorney Answers (3)

Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
Answered

Yes u can

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J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
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
Karen-Lee Pollak

Karen-Lee Pollak

Immigration Attorney - Dallas, TX
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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