H1B visa -- validity for re-entry

[fafaw]

Hello,

my H1B visa stamp bears the expiration date 04JUL2015, but it also states the petition expiration date (PED) as 11JUN2016. My I-94 is also valid through the last day of petition validity.

Now I am planning a short trip abroad for vacations and have the following questions:

1. Will I be able to re-enter US in June 2015 while my H1B is still valid for 2-3 weeks?
2. What should I do after this date to ensure that I can leave and reenter US in case of emergency?


Regards,
Alexander.

[raghvi]

Hello,

my H1B visa stamp bears the expiration date 04JUL2015, but it also states the petition expiration date (PED) as 11JUN2016. My I-94 is also valid through the last day of petition validity.

Now I am planning a short trip abroad for vacations and have the following questions:

1. Will I be able to re-enter US in June 2015 while my H1B is still valid for 2-3 weeks?
2. What should I do after this date to ensure that I can leave and reenter US in case of emergency?


Regards,
Alexander.

1. Yes, But you will get I-94 only till 04 Jul 2015.
2. Get a new visa stamp by attending the interview at a US consulate outside US.

This is my opinion not legal advice.

[fafaw]

Thank you for your answers!

1. Yes, But you will get I-94 only till 04 Jul 2015.

My current I-94 is valid until Jun 2016.
Do you mean that I'll get a new I-94 with shortened validity?

2. Get a new visa stamp by attending the interview at a US consulate outside US.

I am asking about getting H1B extended while being within US.
Does it mean that I can't get it extended in US and will have to attend a US consulate outside of US if I travel abroad after the H1B expires?

[raghvi]

Thank you for your answers!


My current I-94 is valid until Jun 2016.
Do you mean that I'll get a new I-94 with shortened validity?


I am asking about getting H1B extended while being within US.
Does it mean that I can't get it extended in US and will have to attend a US consulate outside of US if I travel abroad after the H1B expires?

1. You should hand over that I-94 while exiting US. And would be given a new one upon re entry. When you re enter US as I-94 issuing has gone electronic, the visa authorities give the least of Visa End date/Passport Date/Petition Date.
2. Yes. Visa, petition and I-94 are three different things. Extending H1B petition does not mean the same as extending visa. In order to enter US one needs a valid visa, and a valid visa stamping can only be done at a consulate outside US. What you can extend in US is your petition and I-94, but that will not get you a new visa stamp in the passport. Even if your petition/I-94 is extended in US you still need a new visa stamp beyond 04-Jul-2015 in order to get entry into US.

This is my opinion not legal advice.

[fafaw]

Thank you for your clarifications!

When you re enter US as I-94 issuing has gone electronic, the visa authorities give the least of Visa End date/Passport Date/Petition Date.

What should I do then if I get my I-94 only for a couple of weeks? Processing an extension would require several weeks. Will I have to leave US and wait for the outcome of the extension application in my home country?