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Travel to India with H1 nearing expiry

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  • Travel to India with H1 nearing expiry

    Hi,

    My H1X expires on 24th Jun 2010. I need to know if it is safe to travel and come back in the following situations:
    1. I travel in last week of May and come back in mid June. I would not have applied for visa extension. I come back in June and apply for it.
    2. I travel in last week of May and come back in mid June. I would have applied for visa extension already.

    Please let me know.

    Thanks.

  • #2
    If you travel out of the country when the extension is in progress, then the extension might get denied. Why do you have to wait till the last minute to apply for the extension? When you travle back, you will get an I-94 only till the visa expiry date (hardly 15 days). Extension takes 2-3 months. For any given reason, if the extension gets denied, then you would have accumulated illegal stay from the date of the I-94 expiry and that will cause issues later with future extensions and stampings. Advisable to file the extension now and travle later.
    Not a legal advice. Use of this information is strictly at your own risk.

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