Requires h1b ext - hav travel - min no of days required to apply is on visa or i-94?

[Ruben Kumar]

Hi,

I have a valid H1B visa and it expires(Maxout) on Aug 31, 2018 and i-94 is till Aug 14, 2018. I have i-140 approved and have plan to travel to India which in unavoidable.

My travel schedule is between June 16, 2018 and July 07, 2018. ie (55 days before my visa expires) which is close to 8 weeks and 38 days before my I-94 expires.

Clarifications Needed:
1. Can i travel back to US with a day less than for 8 weeks on my existing stamped visa?
2. At POE, do the check the criteria based on stamped visa or I-94? if it is on I-94 then i dont have 8 weeks. worst case do they send back?
2. I plan to file for an extension. Is it fine to file for it now or do i wait until i get back ? Does the new H1B rule make it more risky for 2018 applications? (My readings say, safest option is to file once im back in US. But is there any processing time that might hinder my stay)

Please advise

Thanks

[scientist2016]

Hi,

I have a valid H1B visa and it expires(Maxout) on Aug 31, 2018 and i-94 is till Aug 14, 2018. I have i-140 approved and have plan to travel to India which in unavoidable.

My travel schedule is between June 16, 2018 and July 07, 2018. ie (55 days before my visa expires) which is close to 8 weeks and 38 days before my I-94 expires.

Clarifications Needed:
1. Can i travel back to US with a day less than for 8 weeks on my existing stamped visa?
2. At POE, do the check the criteria based on stamped visa or I-94? if it is on I-94 then i dont have 8 weeks. worst case do they send back?
2. I plan to file for an extension. Is it fine to file for it now or do i wait until i get back ? Does the new H1B rule make it more risky for 2018 applications? (My readings say, safest option is to file once im back in US. But is there any processing time that might hinder my stay)

Please advise

Thanks

(1) Yes a stamped visa is valid until the day of expiry listed on it, and hence can be used to enter the US until that date.
(2) I94 merely determines the duration of stay during the current visit. Once you leave the US your I94 becomes void.
(3) Your choice. However, if your extension is accepted during your absence from the US, since you do not have a status (to be extended), it might not come with a valid I94 viz., you will have to go for visa stamping immediately.