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getpulkit
08-07-2012, 10:17 AM
Hi,

My H1B is expiring on 31st Dec, 2012. I will be going to India in Nov for my marriage and planning to return on 15th Dec. I wud be having the extension receipt with me. Please advice how safe it is to enter US with 15 days validity and extension receipt.

Also, If I enter US in above scenarios, do I have to file my extension again? Will I get an I-94 valid till 31st, Dec or till my receipt is valid? If I am issued I-94 valid till 31st Dec, can I stay in US with extension receipt I got before leaving US?

I was going through some thread and got an expression that we need to file new ext after entering in above scenario.

Please share your experience if anyone has enter with similar scenario recently and what are the questions asked at POE.

LostInGCProcess
08-07-2012, 10:28 AM
Why dont you go for premium processing. That way you could get the H1 before you leave to India. You can then come back on the valid visa. But at the POE you have to show the new H1 and they would stamp the I-94 with the new Expiry date from the new H1.

In your scenario, if the H1 is approved while you are abroad, it does not come with the I-94 stub. So, basically you are forced to go for a stamping.

Hi,

My H1B is expiring on 31st Dec, 2012. I will be going to India in Nov for my marriage and planning to return on 15th Dec. I wud be having the extension receipt with me. Please advice how safe it is to enter US with 15 days validity and extension receipt.

Also, If I enter US in above scenarios, do I have to file my extension again? Will I get an I-94 valid till 31st, Dec or till my receipt is valid? If I am issued I-94 valid till 31st Dec, can I stay in US with extension receipt I got before leaving US?

I was going through some thread and got an expression that we need to file new ext after entering in above scenario.

Please share your experience if anyone has enter with similar scenario recently and what are the questions asked at POE.

getpulkit
08-07-2012, 10:39 AM
The decision to go for PP is not in my hands, it is governed by the employer in my case. They take care of the H1B fee and they generally dont go for PP unless it is very critical case for them.

In my case they will simply ask me to wait for your extension to get approved and then enter but I want to look for options if I can enter with my old visa and extension receipt.

giri26
08-07-2012, 10:40 AM
Hi,

My H1B is expiring on 31st Dec, 2012. I will be going to India in Nov for my marriage and planning to return on 15th Dec. I wud be having the extension receipt with me. Please advice how safe it is to enter US with 15 days validity and extension receipt.

Also, If I enter US in above scenarios, do I have to file my extension again? Will I get an I-94 valid till 31st, Dec or till my receipt is valid? If I am issued I-94 valid till 31st Dec, can I stay in US with extension receipt I got before leaving US?

I was going through some thread and got an expression that we need to file new ext after entering in above scenario.

Please share your experience if anyone has enter with similar scenario recently and what are the questions asked at POE.

If you leave the country while your extension is in process, you will most probably not get I94 along with your I797. You will be given I94 only till the end of your present visa unless you have your Extension approved before you leave. In that case you will get your I94 till the expiry of your new I797. It is better to get your H1 approved before you leave to India. If you leave while your extension is in process, it makes sense to just stay in India till you get your extension approved and get a new visa and enter.

MM_67
08-07-2012, 10:48 AM
Hi

I have entered US with H1B extension receipt twice. One time I was having H1B valid for more than one month and other time 2 weeks. NP.



Hi,

My H1B is expiring on 31st Dec, 2012. I will be going to India in Nov for my marriage and planning to return on 15th Dec. I wud be having the extension receipt with me. Please advice how safe it is to enter US with 15 days validity and extension receipt.

Also, If I enter US in above scenarios, do I have to file my extension again? Will I get an I-94 valid till 31st, Dec or till my receipt is valid? If I am issued I-94 valid till 31st Dec, can I stay in US with extension receipt I got before leaving US?

I was going through some thread and got an expression that we need to file new ext after entering in above scenario.

Please share your experience if anyone has enter with similar scenario recently and what are the questions asked at POE.

krishmunn
08-07-2012, 10:55 AM
The decision to go for PP is not in my hands, it is governed by the employer in my case. They take care of the H1B fee and they generally dont go for PP unless it is very critical case for them.

In my case they will simply ask me to wait for your extension to get approved and then enter but I want to look for options if I can enter with my old visa and extension receipt.


PP fees can be legally paid by the Employee

getpulkit
08-07-2012, 11:53 AM
PP fees can be legally paid by the Employee

how much is the PP fee for H1B?

getpulkit
08-07-2012, 11:59 AM
If you leave the country while your extension is in process, you will most probably not get I94 along with your I797. You will be given I94 only till the end of your present visa unless you have your Extension approved before you leave. In that case you will get your I94 till the expiry of your new I797. It is better to get your H1 approved before you leave to India. If you leave while your extension is in process, it makes sense to just stay in India till you get your extension approved and get a new visa and enter.

Giri,

Even if I get my I94 till the end of the year, can't I stay in US with my extension receipt?

getpulkit
08-07-2012, 12:12 PM
Hi

I have entered US with H1B extension receipt twice. One time I was having H1B valid for more than one month and other time 2 weeks. NP.

Hi MM,

What happened to your I94 when u entered US with 2 weeks of validity. Did you got I94 only for 2 weeks and did you file your extension again or you stayed in US with the extension receipt?
Please share the details.

LondonTown
08-07-2012, 12:13 PM
Read USCIS - I-907, Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)

krishmunn
08-07-2012, 01:20 PM
how much is the pp fee for h1b?

$ 1225

LostInGCProcess
08-07-2012, 01:43 PM
It depends. Tow scenario to consider that are out of your control.

1) You CAN stay with your I94 valid till end of year with your extension receipt, provided, USCIS did not approve it before you entered the US. That way, you would get the new I94 attached to your ext. H1.

2) If in case your H1, say, is approved while you were in India, you can enter the US and you would be given till end of year to stay, but then you would have to go out of the country to get a new stamping, because your Visa would have expired and the only way to get a new I94 is to reenter from a POE station.

Bottom line: know the outcome of ur H1 before travel. Or else go for Visa stamping at a consulate near you abroad.

Giri,

Even if I get my I94 till the end of the year, can't I stay in US with my extension receipt?

mild4u
08-07-2012, 03:42 PM
1: No you don't have to file new extension just because you left US and came back.

2: You will get I-94 until you valid H1 date i.e. 31st Dec (may be 7-10 days extra). Receipt doesn't have validity and I-94 doesn't depend on receipt.

3: Yes, you can keep working for the same employer with the valid extension receipt( and I think it's upto 240days).


a: You should apply for extension right now and there are chances of getting the results before you leave.

b: PP fees is $1000 and I am not sure why employer would not do that if you are willing to pay for it.(a standard excuse would be company policy).

c: As pointed by others take into consideration visa-stamping.

krishmunn
08-07-2012, 03:56 PM
2) If in case your H1, say, is approved while you were in India, you can enter the US and you would be given till end of year to stay, but then you would have to go out of the country to get a new stamping, because your Visa would have expired and the only way to get a new I94 is to reenter from a POE station.

Bottom line: know the outcome of ur H1 before travel. Or else go for Visa stamping at a consulate near you abroad.

A visa is not required if Employer mails the new Approved petition to OP. OP can than enter using the old stamped Visa and new Approval and will get I-94 till end of new approval. Personal experience.

mild4u
08-07-2012, 04:24 PM
True...but just to clarify the context, OP must enter before the expiry of current valid visa.
If visa is expired, he must go for stamping.

A visa is not required if Employer mails the new Approved petition to OP. OP can than enter using the old stamped Visa and new Approval and will get I-94 till end of new approval. Personal experience.