H1B extension and travel before expiry of current visa

Asked over 1 year ago - Carmel, IN

My H1B visa and I-94 is going to expire on 30May13.
I have to visit India in March for family reasons and will be back to US by 31th March. I will have 2 months left for initiating visa extension before the visa expires. I am planning to file visa extension through my company soon after coming to US (31st Mar)
Will there be any major concerns while coming back to US at POE because
1. Only 2 months left on my Visa (and I-94)
2. Will there be concern raised by Officer at POE, why not filled the extension yet
3. Do you suggest filling extn. before leaving US and travel to India, with Ack. receipt for filing extension(not approval)
4. If I file extension before leaving US , then will there be any issues while returning as my extension would be in process, but surely approval would be pending.

Attorney answers (3)

  1. Lalita Haran

    Contributor Level 14

    Answered . 1 & 2 - no not for these reasons
    3. don't
    4. Your visa renewal depends upon your ability to convince the consulate where you pply for renewal. If your work closely ith an attorney who could advise you on how to handle the visa interview, you would be well informed. Best Wishes!

    Lalita Haran
    13295 Illinois St., Ste. 128
    Carmel, IN 46032
    Ph: (317) 660-674
    www.haranlaw.com

  2. F. J. Capriotti III

    Contributor Level 20

    Answered . Everything should be OK ... as long as you work closely with your company's immigration attorney ... not a para-legal and definitely not someone in HR.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . I agree with my colleague.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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