My H1B is expiring on 30th Sept. My employer filed for extension of H1B and H4 (spouse's VISA) & I have received receipt notice for my case (yet to receive receipt for my spouse's case). I need to travel to USA on 01st Aug. My questions are following:
1) Can I travel to USA while I am still awaiting approval on extension? I need to fly on 01st Aug and will have a valid VISA (of till 30th Sept) and receipt notice.
2) If answer to #1 is "Yes", then how long can I stay in USA after 30th Sept, provided that case is not adjudicated and all I have is a receipt notice and an expired VISA?
3) Can my spouse travel with me on 01st Aug or she will have to wait till my extension gets approved?
Note: I will be travelling to a new location this time and extension is filed with LCA of new location.
4. Invest in a Skype discussion with an immigration attorney who could dedicate some time answering all your issues.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
You would be best advised to address these questions to your employer's immigration attorney. This attorney has access to all the relevant information to properly guide you.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.
I cannot emphasize enough the importance of seeking a complete review when the questions are related to travel. Either consult with the company's attorney as they have your full information and file, or seek a second opinion if those attorneys are not available. You do not want to be stuck abroad after relying on online research after some relevant information was overlooked to be stated in your question, now do you?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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