H1 B expires in 6 months after entry

[mealok]

Hello folks,

I needed somw advice and thoughts on my situation. I will be going to India to get married in Jan'08 and will return to USA on Feb2nd'08. My Visa will expire (6th year) on 14th July 08.

1. Will that be a problem when I get my visa stamped at the american consulate in India with my wife (H4)

2. Will that be an issue at the port of entry as my expiry visa date in 6 months from the time of entry?

3. My green card has been applied and LC has been approved, i'm hoping that I get an EAD before I leave for India so that if they raise an issue then atleast I have an EAD in hand.

Please let me know your thoughts when you get a chance.

Thank you

mealok

[Subramanya]

H1 issues

I needed somw advice and thoughts on my situation. I will be going to India to get married in Jan'08 and will return to USA on Feb2nd'08. My Visa will expire (6th year) on 14th July 08.

1. Will that be a problem when I get my visa stamped at the american consulate in India with my wife (H4)

---- You do not have get the H1 Visa stamped as it is already valid per your post. Only your wife needs the H4 to come to the US

2. Will that be an issue at the port of entry as my expiry visa date in 6 months from the time of entry?

---- There is no issue

3. My green card has been applied and LC has been approved, i'm hoping that I get an EAD before I leave for India so that if they raise an issue then atleast I have an EAD in hand.

---- Your EAD does not entitle you to anything witht eh US Consulate and it does not define your Visa status. What you need is an Advance Parole (AP) to travel back and forth from the US in lieu of the H1 Visa

Subramanya

[mealok]

H1 B expires in 6 months

Hi Subramaya,

Thank you much for the response. I recently changed employers, although my old employer has a stamped visa valid thru aug of 08, do I need to get a new visa stamped as I changed my employer? Also since I'm getting my wife on H4 I belive I will need to do that. Please reply when you get a chance.

Thank you again

mealok

[waitin_toolong]

if your H1 stmap is valid you dont need a new stamp, just the new approval with old stamp to travel.

Your wife will be issued visa based on your new H1 approval