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Re-entering Us With Valid Visa

Discussion in 'Nonimmigrant Visa Validity' started by workhard123, Jul 10, 2015.

  1. workhard123

    workhard123 New Member

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    Hi Ron,

    I have a valid visa stamped which expires September 30th 2015 and I-94 on October 10th 2015. A new employer is doing H1-Extension with I-94 request based on my Approved I-140 for 3 years. The new company will be sending me for a 3 week training outside US starting September 7th.

    so on september 25th 2015, can i re-enter US based on valid stamped visa from previous employer... which is just 5 days away from visa expiry date? Please suggest

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can, but you will have to file a new extension almost immediately. As soon as you leave the country, your extension of status application goes up in smoke. They will process the petition extension, but if they give you a status extension, it will be invalid.
     
  3. sst

    sst New Member

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    Ron,

    Just so that I understand it clearly, the only issue here is the validity of extension of status.

    In this case, if he / she enters US after a week using new I-797 then there shouldn't be a problem, right ?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The extension of status portion of the petition is automatically abandoned when someone leaves. If the H1B returns using the old document, he/she will be given status through the end of that document's validity. They must then file a fresh extension before their limited status expires.

    If they enter using the new I-797 approval notice, they will be given an expiration date consistent with that document's expiration date.
     
  5. sst

    sst New Member

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    Thanks Ron.
     

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