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H1B extension and travel before expiry of current visa

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


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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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 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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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

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