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H1B expiring Nov 2013, can I travel to India ?

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  • H1B expiring Nov 2013, can I travel to India ?

    Hi,
    Due to family circumstances, I have a need to travel to India for about 2-3 weeks in July 2013. I have a valid H1B visa until Sep 2014. My I94 authorizes me to work here in the US until Nov 2013. This was predated because my passport was expiring in Nov 2013 and at the port of entry the officer decided this to be an appropriate date. I want to know if I can travel to India and re-enter the US with my current status. Whether there will be questions from anyone when I :
    a) Exit the US (I believe I have to submit my current I94).
    b) Transit through either Europe or Middle-East or South East Asia (depending upon my flight reservations)
    c) Enter India (Questions from immigration @ port of entry in India)
    d) Leave India for re-entry to the US (Questions from immigration @ port of departure in India)
    e) Re-enter the US (I believe I have to apply for a new I94 then)

    I intend to apply for an extension after I return to the US since I have time until Nov 2013.

    Your advice is much appreciated.
    Thanks.

  • #2
    Yes to all a through e.

    Have your renewed your passport already? Otherwise, on return you will again get a similarly shortened I-94.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Yes to all a through e.

      Have your renewed your passport already? Otherwise, on return you will again get a similarly shortened I-94.
      Yes

      Comment


      • #4
        Port of entry questions

        I have changed my employer since my last entry to the US. What kind of questions can I be asked and what kind of documents will I need to provide ?
        Thanks.

        Comment


        • #5
          Originally posted by fxwin View Post
          I have changed my employer since my last entry to the US. What kind of questions can I be asked and what kind of documents will I need to provide ?
          Thanks.
          Wanted to add a question if I need a fresh visa stamping (appt date + interview) once I am in India because although my current visa is not expired, the employer change does not reflect on it.

          Thanks.

          Comment


          • #6
            Technically you don't need a fresh stamping, but as another forum member recently updated that one was not given fresh I 94 to match newest petition upon return, so you might want to plan in advance for that possibility too.

            This is my opinion not legal advice.

            Comment


            • #7
              I don't understand what you mean by 'was not given a fresh I94'. Since at the time of leaving the US I would have already submitted by I94, and if no new I94 is issued @ PoE....
              Doesn't make sense. Can you please help me understand ?
              Thanks.

              Originally posted by raghvi View Post
              Technically you don't need a fresh stamping, but as another forum member recently updated that one was not given fresh I 94 to match newest petition upon return, so you might want to plan in advance for that possibility too.

              This is my opinion not legal advice.

              Comment


              • #8
                Originally posted by fxwin View Post
                I don't understand what you mean by 'was not given a fresh I94'. Since at the time of leaving the US I would have already submitted by I94, and if no new I94 is issued @ PoE....
                Doesn't make sense. Can you please help me understand ?
                Thanks.
                What I meant was that the person was given a new I-94 matching old petition/visa, not the new one.

                So in Case you come back without a new visa stamp, even though you will get a new I-94, there is a possibility that you will get a I-94 valid only till Nov 2013.

                This is my opinion not legal advice.

                Comment


                • #9
                  Thanks. I understand now.

                  Originally posted by raghvi View Post
                  What I meant was that the person was given a new I-94 matching old petition/visa, not the new one.

                  So in Case you come back without a new visa stamp, even though you will get a new I-94, there is a possibility that you will get a I-94 valid only till Nov 2013.

                  This is my opinion not legal advice.

                  Comment


                  • #10
                    Quick additional query

                    Since I will be hopping from one US domestic airport to another, I want to know @ which airport must I hand over the I94 on departure ? e.g., Airport A -> Airport B -> airport C -> airport D (A and B are US airports where B is the actual international flight and A is my current location). C is an intermediate airport (maybe Europe) and D is my final destination in India.
                    Also, since I have an i94 issued to me based on my initial entry and a new I129 approval notice, do I need to handover both @ time of international departure (i94 and bottom part of the I129) ?

                    Thanks.

                    Comment

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