First Time travel- H1 B - Can we travel usa before 6 months visa expire date

[SaiK442]

Hello Every1,

My H1B visa is valid from Oct, 2015 to Sept, 2016. I am planning to Travel to US only on April 1st week. Could you please suggest any issues if I travel in April? It is less than 6 months before Expire?

[raghvi]

Hello Every1,

My H1B visa is valid from Oct, 2015 to Sept, 2016. I am planning to Travel to US only on April 1st week. Could you please suggest any issues if I travel in April? It is less than 6 months before Expire?

No issues in travelling as long as underlying petition is valid, but you will most likely be authorized to stay only till Sept 2016.

This is my opinion not legal advice.

[SaiK442]

Thanks Raghvi for your reply.

I will ask my company for extension right after I reach USA in April. Is that fine or do we have anything like 6 months min stay required for extension?

[raghvi]

Thanks Raghvi for your reply.

I will ask my company for extension right after I reach USA in April. Is that fine or do we have anything like 6 months min stay required for extension?

No issues, your employer can file extension as early as 6 Months before I-94 expiry.

This is my opinion not legal advice.

[SaiK442]

No issues, your employer can file extension as early as 6 Months before I-94 expiry.

This is my opinion not legal advice.

Ok. since my H1b Visa/I 979 are valid only until Sept 2016, Will I get I-94 until Sept only??? And if I enter USA in April, I will 5+Months left to apply for extension... Please confirm 5Months is enough period for extension or any possible risk?

[raghvi]

Ok. since my H1b Visa/I 979 are valid only until Sept 2016, Will I get I-94 until Sept only??? And if I enter USA in April, I will 5+Months left to apply for extension... Please confirm 5Months is enough period for extension or any possible risk?

Most of the officers at the Port Of entry give I-94 only till Passport Expiry/Visa Expiry date which ever is earlier. 5 Months is generally enough, but off late some have been taking more time too. If you want faster processing, go for premium processing but that would involve additional cost.

This is my opinion not legal advice.