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

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

Posted

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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Asker

Posted

Thank you, Karen. I know I can travel right now, but I am wondering if there is a cut-off time of some kind. For example, I am almost certain that CBP will not allow someone to re-enter the US if they only have 3-4 days remaining on their H1B status. So, is there a formal cut-off or is this at the discretion of the CBP officer?

Karen-Lee Pollak

Karen-Lee Pollak

Posted

it is discretionary. I would not travel with less than a month left

Asker

Posted

Go it. Thanks, again. I appreciate you taking the time to respond! :)

Posted

I agree with my colleague.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

Yes u can

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