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How long before the H1B visa expiry date can we enter the US for first time?

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  • How long before the H1B visa expiry date can we enter the US for first time?

    Hi,

    Can you pls help me regrading H1B :

    My H1B Petition Approval Date : 21/OCT/2010
    My H1B Petition Expiry Date : 21/OCT/2011
    My H1B Visa Expiry Date : 21/OCT/2011

    How long(minimum days) before the H1B visa expiry date can i enter the US for first time?

    If i am travelling in August 1st week, will i face any problem in the Port of Entry as the Visa will Expire in 2 months.
    If in this case pls suugest me how i need to proceed.

    Thanks in Advance.
    Sagar.

  • #2
    You can enter as long as the visa, passport and the petition remains valid. The I-94 will be issued only till the petition expiry date. If you are planning to file the extension of status after reaching U.S, then you have to travel with enough time left, so that the application to extend the status reaches USCIS before the I-94 expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Shervin, Thanks for the info.

      How much time it takes for filing the Extension in Premium mode and normal mode.

      In the Port of Entry if they raise this question reg the Visa Expiry in 2 months, what i need to answer. pls suggest me.


      Thanks in Advance,
      Sagar.

      Comment


      • #4
        How much time it takes for filing the Extension in Premium mode and normal mode.
        >>> 2-3 months by normal process and 15 days by premium.

        In the Port of Entry if they raise this question reg the Visa Expiry in 2 months, what i need to answer. pls suggest me.
        >>> Just tell them whatever is the truth. If you will be returning back in 2 months, then say that. Or if your employer will be filing an extension immediately, then say that.
        Not a legal advice. Use of this information is strictly at your own risk.

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