Sabari

All,
when is the latest by which I should enter back US before my H1
expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
vacation to India in Jan and come back by Feb 1st week ? someone
mentioned I shd be back in US atleast a month before expiration,
someone mentioned I can be back even a day before expiration. i'm just
confused .. !

Thanks
Sabari.

Sabari

anyone ?

thanks


[email protected] (Sabari) wrote in message news:<[email protected] m>...
    > All,
    > when is the latest by which I should enter back US before my H1
    > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > vacation to India in Jan and come back by Feb 1st week ? someone
    > mentioned I shd be back in US atleast a month before expiration,
    > someone mentioned I can be back even a day before expiration. i'm just
    > confused .. !
    >
    > Thanks
    > Sabari.

Sylvia Ottemoeller

"Sabari" <[email protected]> wrote in message
news:[email protected] ...

    > when is the latest by which I should enter back US before my H1
    > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > vacation to India in Jan and come back by Feb 1st week ? someone
    > mentioned I shd be back in US atleast a month before expiration,
    > someone mentioned I can be back even a day before expiration. i'm just
    > confused .. !

I don't think there is any particular risk in what you propose. What you
could do is to carry a letter from your employer confirming your position,
and saying that the employer intends to file an H-1B extension petition as
soon as you return from your trip abroad.

Jozef

"Sabari" <[email protected]> wrote in message
news:[email protected] ...
    > All,
    > when is the latest by which I should enter back US before my H1
    > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > vacation to India in Jan and come back by Feb 1st week ? someone
    > mentioned I shd be back in US atleast a month before expiration,
    > someone mentioned I can be back even a day before expiration. i'm just
    > confused .. !

Are you referring to your H1 petition approval or your visa?

You can re-enter the US up to the day your visa expires. However, you will
only be admitted for the duration of your H1 approval.

Ingo Pakleppa - see web site for email

If you are referring to your H-1B visa, you can arrive up to the last day.
If you are talking about the petition, you have to arrive early enough so
your employer will have time to file an extension. In practice, that
probably means, at least a week if the employer has all the paperwork
ready to go.

On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:

    > All,
    > when is the latest by which I should enter back US before my H1
    > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > vacation to India in Jan and come back by Feb 1st week ? someone
    > mentioned I shd be back in US atleast a month before expiration,
    > someone mentioned I can be back even a day before expiration. i'm just
    > confused .. !
    >
    > Thanks
    > Sabari.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Sabari

apologies for the confusion. i've my visa stamped in my passport and
is valid till feb 10th 2005 (this is the actual date, the dates i
mentioned in my first post was just for eg:). my employer says it is
recommended that i need to be back by jan mid 2005 (i've no idea why
he came up with this buffer period). he also mentioned that the
extension process can be initiated soon so that if i'm lucky, i will
get my approval notice before i leave for vacation to india and can
get it stamped before i come back.

can i go on vacation to india while my extension process is going on ?

thanks,
sabari.

Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    > If you are referring to your H-1B visa, you can arrive up to the last day.
    > If you are talking about the petition, you have to arrive early enough so
    > your employer will have time to file an extension. In practice, that
    > probably means, at least a week if the employer has all the paperwork
    > ready to go.
    >
    > On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:
    >
    > > All,
    > > when is the latest by which I should enter back US before my H1
    > > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > > vacation to India in Jan and come back by Feb 1st week ? someone
    > > mentioned I shd be back in US atleast a month before expiration,
    > > someone mentioned I can be back even a day before expiration. i'm just
    > > confused .. !
    > >
    > > Thanks
    > > Sabari.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Ingo Pakleppa - see web site for email

I see! If you have the extension approval in hand, it is perfectly OK to
return to the US on the last day of the visa validity. Of course, it would
be even better to get the visa stamp in India, but you don't need it.

You can go to India while your extension process is going on, but note
that you would only be admitted until Feb 10th in this situation. If the
extension is approved before Feb 10th, you should be fine, and the new
I-94 would be valid. But if the extension was approved after Feb 10, I
believe there may be a problem.

Given these facts, you may be best off to pay the extra $1000 for
expedited processing.

On Mon, 11 Oct 2004 14:06:36 -0700, Sabari wrote:

    > apologies for the confusion. i've my visa stamped in my passport and
    > is valid till feb 10th 2005 (this is the actual date, the dates i
    > mentioned in my first post was just for eg:). my employer says it is
    > recommended that i need to be back by jan mid 2005 (i've no idea why
    > he came up with this buffer period). he also mentioned that the
    > extension process can be initiated soon so that if i'm lucky, i will
    > get my approval notice before i leave for vacation to india and can
    > get it stamped before i come back.
    >
    > can i go on vacation to india while my extension process is going on ?
    >
    > thanks,
    > sabari.
    >
    > Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    >> If you are referring to your H-1B visa, you can arrive up to the last day.
    >> If you are talking about the petition, you have to arrive early enough so
    >> your employer will have time to file an extension. In practice, that
    >> probably means, at least a week if the employer has all the paperwork
    >> ready to go.
    >>
    >> On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:
    >>
    >> > All,
    >> > when is the latest by which I should enter back US before my H1
    >> > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    >> > vacation to India in Jan and come back by Feb 1st week ? someone
    >> > mentioned I shd be back in US atleast a month before expiration,
    >> > someone mentioned I can be back even a day before expiration. i'm just
    >> > confused .. !
    >> >
    >> > Thanks
    >> > Sabari.
    >>
    >> --
    >> Remember, I am strictly a layperson without any legal training. I encourage
    >> everybody to seek competent legal counsel rather than relying on usenet
    >> newsgroups.
    >>
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >>
    >> Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >>
    >> My email address in usenet posts is now invalid for spam protection. See
    >> my Web site for information on how to contact me.
    >>
    >> Please feel free to enjoy some of my photographs at my Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Sabari

Thanks Ingo Pakleppa. Could you please explain the statement "If the
extension is approved before Feb 10th, you should be fine, and the new
I-94 would be valid. But if the extension was approved after Feb 10, I
believe there may be a problem."

Do you mean to say I can initiate the extension process now but it is
not wise to go and come back before Feb 10th unless I get my approval
notice ? I thought the only problem in coming back before Feb 10th
without a new approval notice (but with a current stamped visa valid
till feb 10th) is that the new I-94 which would be issued to me will
be valid only till Feb 10th. I definitely plan to come back before Feb
10th, so how should I plan on the extension process ?

Sorry for asking too many questions, but I'm just making sure before I
do anything stupid, especially since it involves me getting back to
the country !

Thanks
Sabari.

Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>...
    > I see! If you have the extension approval in hand, it is perfectly OK to
    > return to the US on the last day of the visa validity. Of course, it would
    > be even better to get the visa stamp in India, but you don't need it.
    >
    > You can go to India while your extension process is going on, but note
    > that you would only be admitted until Feb 10th in this situation. If the
    > extension is approved before Feb 10th, you should be fine, and the new
    > I-94 would be valid. But if the extension was approved after Feb 10, I
    > believe there may be a problem.
    >
    > Given these facts, you may be best off to pay the extra $1000 for
    > expedited processing.
    >
    > On Mon, 11 Oct 2004 14:06:36 -0700, Sabari wrote:
    >
    > > apologies for the confusion. i've my visa stamped in my passport and
    > > is valid till feb 10th 2005 (this is the actual date, the dates i
    > > mentioned in my first post was just for eg:). my employer says it is
    > > recommended that i need to be back by jan mid 2005 (i've no idea why
    > > he came up with this buffer period). he also mentioned that the
    > > extension process can be initiated soon so that if i'm lucky, i will
    > > get my approval notice before i leave for vacation to india and can
    > > get it stamped before i come back.
    > >
    > > can i go on vacation to india while my extension process is going on ?
    > >
    > > thanks,
    > > sabari.
    > >
    > > Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    > >> If you are referring to your H-1B visa, you can arrive up to the last day.
    > >> If you are talking about the petition, you have to arrive early enough so
    > >> your employer will have time to file an extension. In practice, that
    > >> probably means, at least a week if the employer has all the paperwork
    > >> ready to go.
    > >>
    > >> On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:
    > >>
    > >> > All,
    > >> > when is the latest by which I should enter back US before my H1
    > >> > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > >> > vacation to India in Jan and come back by Feb 1st week ? someone
    > >> > mentioned I shd be back in US atleast a month before expiration,
    > >> > someone mentioned I can be back even a day before expiration. i'm just
    > >> > confused .. !
    > >> >
    > >> > Thanks
    > >> > Sabari.
    > >>
    > >> --
    > >> Remember, I am strictly a layperson without any legal training. I encourage
    > >> everybody to seek competent legal counsel rather than relying on usenet
    > >> newsgroups.
    > >>
    > >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > >> http://www.kkeane.com/lobbyspousal-faq.shtml
    > >>
    > >> Please visit my new FAQ at http://www.kkeane.com (always under construction)
    > >>
    > >> My email address in usenet posts is now invalid for spam protection. See
    > >> my Web site for information on how to contact me.
    > >>
    > >> Please feel free to enjoy some of my photographs at my Web site
    > >> http://www.ingopakleppa.com ! Comments are welcome.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Sylvia Ottemoeller

"Sabari" <[email protected]> wrote in message
news:[email protected] m...

    > apologies for the confusion. i've my visa stamped in my passport and
    > is valid till feb 10th 2005 (this is the actual date, the dates i
    > mentioned in my first post was just for eg:). my employer says it is
    > recommended that i need to be back by jan mid 2005 (i've no idea why
    > he came up with this buffer period). he also mentioned that the
    > extension process can be initiated soon so that if i'm lucky, i will
    > get my approval notice before i leave for vacation to india and can
    > get it stamped before i come back.
    > can i go on vacation to india while my extension process is going on ?

You can always leave the U.S. However, you must wait outside the U.S. until
the H-1B extension petition has been approved. You cannot re-enter "into" a
pending H-1B extension petition. And if you need a quick approval, your
employer can submit a $1000 premium processing fee which will trigger
adjudication within two weeks.

    > Ingo Pakleppa - see web site for email <[email protected]> wrote in message
news:<[email protected]>. ..

    > > If you are referring to your H-1B visa, you can arrive up to the last
day.
    > > If you are talking about the petition, you have to arrive early enough
so
    > > your employer will have time to file an extension. In practice, that
    > > probably means, at least a week if the employer has all the paperwork
    > > ready to go.

    > > On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:

    > > > when is the latest by which I should enter back US before my H1
    > > > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > > > vacation to India in Jan and come back by Feb 1st week ? someone
    > > > mentioned I shd be back in US atleast a month before expiration,
    > > > someone mentioned I can be back even a day before expiration. i'm just
    > > > confused .. !

Ingo Pakleppa - see web site for email

On Tue, 12 Oct 2004 06:21:09 -0700, Sabari wrote:

    > Thanks Ingo Pakleppa. Could you please explain the statement "If the
    > extension is approved before Feb 10th, you should be fine, and the new
    > I-94 would be valid. But if the extension was approved after Feb 10, I
    > believe there may be a problem."
    >
    > Do you mean to say I can initiate the extension process now but it is
    > not wise to go and come back before Feb 10th unless I get my approval
    > notice ?

Correct.

    > I thought the only problem in coming back before Feb 10th
    > without a new approval notice (but with a current stamped visa valid
    > till feb 10th) is that the new I-94 which would be issued to me will
    > be valid only till Feb 10th. I definitely plan to come back before Feb
    > 10th, so how should I plan on the extension process ?

Yes, that indeed *is* the problem. If the new approval wasn't approved by
Feb 10, that would leave you out of status because your old I-94 expires
on that day. As Sylvia pointed out, you can't return into a pending
extension application.

So you are only safe in the following two scenarios:

- the extension is approved before you return (in that case, bring the
extension approval with you on the return trip. If necessary, have the
employer FedEx it to you). Of course, if you have to postpone your return
trip until after Feb 10, you would also need to stop at a US consulate for
a new visa.

- your employer does not file the extension until after you return, but
before Feb 10.

    > Sorry for asking too many questions, but I'm just making sure before I
    > do anything stupid, especially since it involves me getting back to
    > the country !
    >
    > Thanks
    > Sabari.
    >
    > Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>...
    >> I see! If you have the extension approval in hand, it is perfectly OK to
    >> return to the US on the last day of the visa validity. Of course, it would
    >> be even better to get the visa stamp in India, but you don't need it.
    >>
    >> You can go to India while your extension process is going on, but note
    >> that you would only be admitted until Feb 10th in this situation. If the
    >> extension is approved before Feb 10th, you should be fine, and the new
    >> I-94 would be valid. But if the extension was approved after Feb 10, I
    >> believe there may be a problem.
    >>
    >> Given these facts, you may be best off to pay the extra $1000 for
    >> expedited processing.
    >>
    >> On Mon, 11 Oct 2004 14:06:36 -0700, Sabari wrote:
    >>
    >> > apologies for the confusion. i've my visa stamped in my passport and
    >> > is valid till feb 10th 2005 (this is the actual date, the dates i
    >> > mentioned in my first post was just for eg:). my employer says it is
    >> > recommended that i need to be back by jan mid 2005 (i've no idea why
    >> > he came up with this buffer period). he also mentioned that the
    >> > extension process can be initiated soon so that if i'm lucky, i will
    >> > get my approval notice before i leave for vacation to india and can
    >> > get it stamped before i come back.
    >> >
    >> > can i go on vacation to india while my extension process is going on ?
    >> >
    >> > thanks,
    >> > sabari.
    >> >
    >> > Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    >> >> If you are referring to your H-1B visa, you can arrive up to the last day.
    >> >> If you are talking about the petition, you have to arrive early enough so
    >> >> your employer will have time to file an extension. In practice, that
    >> >> probably means, at least a week if the employer has all the paperwork
    >> >> ready to go.
    >> >>
    >> >> On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:
    >> >>
    >> >> > All,
    >> >> > when is the latest by which I should enter back US before my H1
    >> >> > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    >> >> > vacation to India in Jan and come back by Feb 1st week ? someone
    >> >> > mentioned I shd be back in US atleast a month before expiration,
    >> >> > someone mentioned I can be back even a day before expiration. i'm just
    >> >> > confused .. !
    >> >> >
    >> >> > Thanks
    >> >> > Sabari.
    >> >>
    >> >> --
    >> >> Remember, I am strictly a layperson without any legal training. I encourage
    >> >> everybody to seek competent legal counsel rather than relying on usenet
    >> >> newsgroups.
    >> >>
    >> >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >> >>
    >> >> Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >> >>
    >> >> My email address in usenet posts is now invalid for spam protection. See
    >> >> my Web site for information on how to contact me.
    >> >>
    >> >> Please feel free to enjoy some of my photographs at my Web site
    >> >> http://www.ingopakleppa.com ! Comments are welcome.
    >>
    >> --
    >> Remember, I am strictly a layperson without any legal training. I encourage
    >> everybody to seek competent legal counsel rather than relying on usenet
    >> newsgroups.
    >>
    >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    >> http://www.kkeane.com/lobbyspousal-faq.shtml
    >>
    >> Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >>
    >> My email address in usenet posts is now invalid for spam protection. See
    >> my Web site for information on how to contact me.
    >>
    >> Please feel free to enjoy some of my photographs at my Web site
    >> http://www.ingopakleppa.com ! Comments are welcome.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.

Sabari

thanks sylvia and ingo. i still am not clear as to how the immigration
officer at the port of entry would know whether an extension process
has already been initiated or not ? as far as what he sees in my
passport is a valid visa stamping till feb 10th and my entry date is
earlier than that (say feb 4th or 5th).

also, how would i be 'out of status' if the extension is not
'approved' before the expiration of the visa stamping ? i thought once
u get the receipt number for the extension process, ur status is legal
in the US.

i am not sure whether i explained properly what my plans are :

1) initiate the extension process now for my h1 and get the receipt
number.
2) if it is approved before jan, take that, goto india in jan, get it
stamped and come back at leisure.
3) if it is not approved before jan, go to india in jan, come back by
feb 4th or 5th, so that i get back to US but only with a I-94 valid
from feb4th or 5th till feb 10th. but since i've the receipt number
for my extension process which is going on during this time, i will be
valid (pl confirm!) in the US. and once i get approval, get it stamped
sometime in future.

i dont think my employer would do any premium processing for us since
it involves a bunch of money and once i start it off, other employees
would also demand doing so. (so typical of an indian company, isnt it
?? :) )

thanks
sabari.

Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    > On Tue, 12 Oct 2004 06:21:09 -0700, Sabari wrote:
    >
    > > Thanks Ingo Pakleppa. Could you please explain the statement "If the
    > > extension is approved before Feb 10th, you should be fine, and the new
    > > I-94 would be valid. But if the extension was approved after Feb 10, I
    > > believe there may be a problem."
    > >
    > > Do you mean to say I can initiate the extension process now but it is
    > > not wise to go and come back before Feb 10th unless I get my approval
    > > notice ?
    >
    > Correct.
    >
    > > I thought the only problem in coming back before Feb 10th
    > > without a new approval notice (but with a current stamped visa valid
    > > till feb 10th) is that the new I-94 which would be issued to me will
    > > be valid only till Feb 10th. I definitely plan to come back before Feb
    > > 10th, so how should I plan on the extension process ?
    >
    > Yes, that indeed *is* the problem. If the new approval wasn't approved by
    > Feb 10, that would leave you out of status because your old I-94 expires
    > on that day. As Sylvia pointed out, you can't return into a pending
    > extension application.
    >
    > So you are only safe in the following two scenarios:
    >
    > - the extension is approved before you return (in that case, bring the
    > extension approval with you on the return trip. If necessary, have the
    > employer FedEx it to you). Of course, if you have to postpone your return
    > trip until after Feb 10, you would also need to stop at a US consulate for
    > a new visa.
    >
    > - your employer does not file the extension until after you return, but
    > before Feb 10.
    >
    > > Sorry for asking too many questions, but I'm just making sure before I
    > > do anything stupid, especially since it involves me getting back to
    > > the country !
    > >
    > > Thanks
    > > Sabari.
    > >
    > > Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>...
    > >> I see! If you have the extension approval in hand, it is perfectly OK to
    > >> return to the US on the last day of the visa validity. Of course, it would
    > >> be even better to get the visa stamp in India, but you don't need it.
    > >>
    > >> You can go to India while your extension process is going on, but note
    > >> that you would only be admitted until Feb 10th in this situation. If the
    > >> extension is approved before Feb 10th, you should be fine, and the new
    > >> I-94 would be valid. But if the extension was approved after Feb 10, I
    > >> believe there may be a problem.
    > >>
    > >> Given these facts, you may be best off to pay the extra $1000 for
    > >> expedited processing.
    > >>
    > >> On Mon, 11 Oct 2004 14:06:36 -0700, Sabari wrote:
    > >>
    > >> > apologies for the confusion. i've my visa stamped in my passport and
    > >> > is valid till feb 10th 2005 (this is the actual date, the dates i
    > >> > mentioned in my first post was just for eg:). my employer says it is
    > >> > recommended that i need to be back by jan mid 2005 (i've no idea why
    > >> > he came up with this buffer period). he also mentioned that the
    > >> > extension process can be initiated soon so that if i'm lucky, i will
    > >> > get my approval notice before i leave for vacation to india and can
    > >> > get it stamped before i come back.
    > >> >
    > >> > can i go on vacation to india while my extension process is going on ?
    > >> >
    > >> > thanks,
    > >> > sabari.
    > >> >
    > >> > Ingo Pakleppa - see web site for email <[email protected]> wrote in message news:<[email protected]>. ..
    > >> >> If you are referring to your H-1B visa, you can arrive up to the last day.
    > >> >> If you are talking about the petition, you have to arrive early enough so
    > >> >> your employer will have time to file an extension. In practice, that
    > >> >> probably means, at least a week if the employer has all the paperwork
    > >> >> ready to go.
    > >> >>
    > >> >> On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:
    > >> >>
    > >> >> > All,
    > >> >> > when is the latest by which I should enter back US before my H1
    > >> >> > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > >> >> > vacation to India in Jan and come back by Feb 1st week ? someone
    > >> >> > mentioned I shd be back in US atleast a month before expiration,
    > >> >> > someone mentioned I can be back even a day before expiration. i'm just
    > >> >> > confused .. !
    > >> >> >
    > >> >> > Thanks
    > >> >> > Sabari.
    > >> >>
    > >> >> --
    > >> >> Remember, I am strictly a layperson without any legal training. I encourage
    > >> >> everybody to seek competent legal counsel rather than relying on usenet
    > >> >> newsgroups.
    > >> >>
    > >> >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > >> >> http://www.kkeane.com/lobbyspousal-faq.shtml
    > >> >>
    > >> >> Please visit my new FAQ at http://www.kkeane.com (always under construction)
    > >> >>
    > >> >> My email address in usenet posts is now invalid for spam protection. See
    > >> >> my Web site for information on how to contact me.
    > >> >>
    > >> >> Please feel free to enjoy some of my photographs at my Web site
    > >> >> http://www.ingopakleppa.com ! Comments are welcome.
    > >>
    > >> --
    > >> Remember, I am strictly a layperson without any legal training. I encourage
    > >> everybody to seek competent legal counsel rather than relying on usenet
    > >> newsgroups.
    > >>
    > >> Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > >> http://www.kkeane.com/lobbyspousal-faq.shtml
    > >>
    > >> Please visit my new FAQ at http://www.kkeane.com (always under construction)
    > >>
    > >> My email address in usenet posts is now invalid for spam protection. See
    > >> my Web site for information on how to contact me.
    > >>
    > >> Please feel free to enjoy some of my photographs at my Web site
    > >> http://www.ingopakleppa.com ! Comments are welcome.
    >
    > --
    > Remember, I am strictly a layperson without any legal training. I encourage
    > everybody to seek competent legal counsel rather than relying on usenet
    > newsgroups.
    >
    > Please support H.R. 539, H.R. 832 and S. 1510. More information at
    > http://www.kkeane.com/lobbyspousal-faq.shtml
    >
    > Please visit my new FAQ at http://www.kkeane.com (always under construction)
    >
    > My email address in usenet posts is now invalid for spam protection. See
    > my Web site for information on how to contact me.
    >
    > Please feel free to enjoy some of my photographs at my Web site
    > http://www.ingopakleppa.com ! Comments are welcome.

Sylvia Ottemoeller

"Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
news:[email protected]...

    > On Tue, 12 Oct 2004 06:21:09 -0700, Sabari wrote:
    > > Thanks Ingo Pakleppa. Could you please explain the statement "If the
    > > extension is approved before Feb 10th, you should be fine, and the new
    > > I-94 would be valid. But if the extension was approved after Feb 10, I
    > > believe there may be a problem."
    > >
    > > Do you mean to say I can initiate the extension process now but it is
    > > not wise to go and come back before Feb 10th unless I get my approval
    > > notice ?
    > Correct.

Actually, under the provisions of the Cook memo, the extension petition
could be filed before Sabari leaves the U.S., and Sabari could re-enter the
U.S. before Feb. 10, even if the extension petition were still pending, and
the pending petition would not be deemed abandoned. See
http://uscis.gov/graphics/lawsregs/h...k/Travpub.pdf:

    > > I thought the only problem in coming back before Feb 10th
    > > without a new approval notice (but with a current stamped visa valid
    > > till feb 10th) is that the new I-94 which would be issued to me will
    > > be valid only till Feb 10th. I definitely plan to come back before Feb
    > > 10th, so how should I plan on the extension process ?
    > Yes, that indeed *is* the problem. If the new approval wasn't approved by
    > Feb 10, that would leave you out of status because your old I-94 expires
    > on that day. As Sylvia pointed out, you can't return into a pending
    > extension application.
    > So you are only safe in the following two scenarios:
    > - the extension is approved before you return (in that case, bring the
    > extension approval with you on the return trip. If necessary, have the
    > employer FedEx it to you). Of course, if you have to postpone your return
    > trip until after Feb 10, you would also need to stop at a US consulate for
    > a new visa.
    > - your employer does not file the extension until after you return, but
    > before Feb 10.

[snip]

    > > Ingo Pakleppa - see web site for email <[email protected]> wrote in message
news:<[email protected]>...

    > >> I see! If you have the extension approval in hand, it is perfectly OK
to
    > >> return to the US on the last day of the visa validity. Of course, it
would
    > >> be even better to get the visa stamp in India, but you don't need it.
    > >>
    > >> You can go to India while your extension process is going on, but note
    > >> that you would only be admitted until Feb 10th in this situation. If
the
    > >> extension is approved before Feb 10th, you should be fine, and the new
    > >> I-94 would be valid. But if the extension was approved after Feb 10, I
    > >> believe there may be a problem.
    > >>
    > >> Given these facts, you may be best off to pay the extra $1000 for
    > >> expedited processing.
    > >>
    > >> On Mon, 11 Oct 2004 14:06:36 -0700, Sabari wrote:
    > >>
    > >> > apologies for the confusion. i've my visa stamped in my passport and
    > >> > is valid till feb 10th 2005 (this is the actual date, the dates i
    > >> > mentioned in my first post was just for eg:). my employer says it is
    > >> > recommended that i need to be back by jan mid 2005 (i've no idea why
    > >> > he came up with this buffer period). he also mentioned that the
    > >> > extension process can be initiated soon so that if i'm lucky, i will
    > >> > get my approval notice before i leave for vacation to india and can
    > >> > get it stamped before i come back.
    > >> >
    > >> > can i go on vacation to india while my extension process is going on
?

    > >> > Ingo Pakleppa - see web site for email <[email protected]> wrote in
message news:<[email protected]>. ..

    > >> >> If you are referring to your H-1B visa, you can arrive up to the
last day.
    > >> >> If you are talking about the petition, you have to arrive early
enough so
    > >> >> your employer will have time to file an extension. In practice, that
    > >> >> probably means, at least a week if the employer has all the
paperwork
    > >> >> ready to go.

    > >> >> On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:

    > >> >> > when is the latest by which I should enter back US before my H1
    > >> >> > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > >> >> > vacation to India in Jan and come back by Feb 1st week ? someone
    > >> >> > mentioned I shd be back in US atleast a month before expiration,
    > >> >> > someone mentioned I can be back even a day before expiration. i'm
just
    > >> >> > confused .. !

J. J. Farrell

[email protected] (Sabari) wrote in message news:<[email protected] m>...
    > thanks sylvia and ingo. i still am not clear as to how the immigration
    > officer at the port of entry would know whether an extension process
    > has already been initiated or not ? as far as what he sees in my
    > passport is a valid visa stamping till feb 10th and my entry date is
    > earlier than that (say feb 4th or 5th).

Correct. He wouldn't care about a pending application.

    > also, how would i be 'out of status' if the extension is not
    > 'approved' before the expiration of the visa stamping ? i thought once
    > u get the receipt number for the extension process, ur status is legal
    > in the US.

Yes, but you won't be in the US will you?

There are two distinct things going on when an H-1B extension is
filed for someone in the USA. There's a request for extension of
permission for the employer to employ you as an H-1B, and there's
a request for an extension of your current H1-B status. Whenever
a non-citizen leaves the US, he looses all immigration status.
Since you no longer have status, you can't extend it - so the
application to extend status is effectively abandoned when you
leave the USA.

If you return while the extension application is pending, you will
only be admitted until the end date of your current petition. You
will need to leave the USA at or before that date, and will not
be able to return as an H-1B until the new petition is approved
and you have a valid visa.

I've no idea whether or not the following is allowed: perhaps you
would be allowed to make another application for status extension
once you get back, based on the already pending petition extension.
It seems logical, but that's rarely relevant to immigration rules.

    > i am not sure whether i explained properly what my plans are :
    >
    > 1) initiate the extension process now for my h1 and get the receipt
    > number.
    > 2) if it is approved before jan, take that, goto india in jan, get it
    > stamped and come back at leisure.
    > 3) if it is not approved before jan, go to india in jan, come back by
    > feb 4th or 5th, so that i get back to US but only with a I-94 valid
    > from feb4th or 5th till feb 10th.

That's fine of itself, if they let you in for that short a period

    > but since i've the receipt number
    > for my extension process which is going on during this time, i will be
    > valid (pl confirm!) in the US.

No! You abandoned your application to extend your status by leaving
the USA. Your employer's application for an extension petition is
still pending, and when that is approved you can use it to enter
again as an H-1B.

    > i dont think my employer would do any premium processing for us since
    > it involves a bunch of money and once i start it off, other employees
    > would also demand doing so.

It costs $1,000. You could consider paying it yourself if your
employer doesn't want to.

Sabari

thanks everyone for the clarifications.

sylvia, the pdf document you posted says -

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Quoting a statement by a Service officer, the article advises that an
alien on whose behalf a request for a change of nonimmigrant status
has been filed may travel outside of the United States and the request
for a change of status would not be considered abandoned. This is not
an accurate interpretation of current Service policy.

Service officers are reminded that an alien on whose behalf a change
of nonimmigrant status has been filed and who travels outside the
United States before the request is adjudicated is considered to have
abandoned the request for a change of nonimmigrant status. This has
been, and remains, the Service's long-standing policy. The Office of
Adjudications has described this particular policy in numerous letters
and correspondence with the public and the legal community.

If at any time it comes to the attention of the Service that an alien
on whose behalf a request for a change of nonimmigrant status has been
filed has travel outside of the United States during the pendency of
the request for a change of status, the application or petition should
be denied pursuant to 8 CFR 248.3(g).
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

doesnt this confirm what ingo said, that the extension petition is
abandoned once i leave the country before getting the approval ?

thanks again,
sabari.

"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
    > "Ingo Pakleppa - see web site for email" <[email protected]> wrote in message
    > news:[email protected]...
    >
    > > On Tue, 12 Oct 2004 06:21:09 -0700, Sabari wrote:
    > >
    > > > Thanks Ingo Pakleppa. Could you please explain the statement "If the
    > > > extension is approved before Feb 10th, you should be fine, and the new
    > > > I-94 would be valid. But if the extension was approved after Feb 10, I
    > > > believe there may be a problem."
    > > >
    > > > Do you mean to say I can initiate the extension process now but it is
    > > > not wise to go and come back before Feb 10th unless I get my approval
    > > > notice ?
    > >
    > > Correct.
    >
    > Actually, under the provisions of the Cook memo, the extension petition
    > could be filed before Sabari leaves the U.S., and Sabari could re-enter the
    > U.S. before Feb. 10, even if the extension petition were still pending, and
    > the pending petition would not be deemed abandoned. See
    > http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
    >
    > > > I thought the only problem in coming back before Feb 10th
    > > > without a new approval notice (but with a current stamped visa valid
    > > > till feb 10th) is that the new I-94 which would be issued to me will
    > > > be valid only till Feb 10th. I definitely plan to come back before Feb
    > > > 10th, so how should I plan on the extension process ?
    > >
    > > Yes, that indeed *is* the problem. If the new approval wasn't approved by
    > > Feb 10, that would leave you out of status because your old I-94 expires
    > > on that day. As Sylvia pointed out, you can't return into a pending
    > > extension application.
    > >
    > > So you are only safe in the following two scenarios:
    > >
    > > - the extension is approved before you return (in that case, bring the
    > > extension approval with you on the return trip. If necessary, have the
    > > employer FedEx it to you). Of course, if you have to postpone your return
    > > trip until after Feb 10, you would also need to stop at a US consulate for
    > > a new visa.
    > >
    > > - your employer does not file the extension until after you return, but
    > > before Feb 10.
    >
    > [snip]
    >
    > > > Ingo Pakleppa - see web site for email <[email protected]> wrote in message
    > news:<[email protected]>...
    >
    > > >> I see! If you have the extension approval in hand, it is perfectly OK
    > to
    > > >> return to the US on the last day of the visa validity. Of course, it
    > would
    > > >> be even better to get the visa stamp in India, but you don't need it.
    > > >>
    > > >> You can go to India while your extension process is going on, but note
    > > >> that you would only be admitted until Feb 10th in this situation. If
    > the
    > > >> extension is approved before Feb 10th, you should be fine, and the new
    > > >> I-94 would be valid. But if the extension was approved after Feb 10, I
    > > >> believe there may be a problem.
    > > >>
    > > >> Given these facts, you may be best off to pay the extra $1000 for
    > > >> expedited processing.
    > > >>
    > > >> On Mon, 11 Oct 2004 14:06:36 -0700, Sabari wrote:
    > > >>
    > > >> > apologies for the confusion. i've my visa stamped in my passport and
    > > >> > is valid till feb 10th 2005 (this is the actual date, the dates i
    > > >> > mentioned in my first post was just for eg:). my employer says it is
    > > >> > recommended that i need to be back by jan mid 2005 (i've no idea why
    > > >> > he came up with this buffer period). he also mentioned that the
    > > >> > extension process can be initiated soon so that if i'm lucky, i will
    > > >> > get my approval notice before i leave for vacation to india and can
    > > >> > get it stamped before i come back.
    > > >> >
    > > >> > can i go on vacation to india while my extension process is going on
    > ?
    >
    > > >> > Ingo Pakleppa - see web site for email <[email protected]> wrote in
    > message news:<[email protected]>. ..
    >
    > > >> >> If you are referring to your H-1B visa, you can arrive up to the
    > last day.
    > > >> >> If you are talking about the petition, you have to arrive early
    > enough so
    > > >> >> your employer will have time to file an extension. In practice, that
    > > >> >> probably means, at least a week if the employer has all the
    > paperwork
    > > >> >> ready to go.
    >
    > > >> >> On Wed, 06 Oct 2004 08:45:22 -0700, Sabari wrote:
    >
    > > >> >> > when is the latest by which I should enter back US before my H1
    > > >> >> > expires ? say, if my H1 expires in Feb 10, 2005, can I go for a
    > > >> >> > vacation to India in Jan and come back by Feb 1st week ? someone
    > > >> >> > mentioned I shd be back in US atleast a month before expiration,
    > > >> >> > someone mentioned I can be back even a day before expiration. i'm
    > just
    > > >> >> > confused .. !

Sylvia Ottemoeller

"J. J. Farrell" <[email protected]> wrote in message
news:[email protected] om...

    > [email protected] (Sabari) wrote in message
news:<[email protected] m>...

    > > thanks sylvia and ingo. i still am not clear as to how the immigration
    > > officer at the port of entry would know whether an extension process
    > > has already been initiated or not ? as far as what he sees in my
    > > passport is a valid visa stamping till feb 10th and my entry date is
    > > earlier than that (say feb 4th or 5th).

Very simple. He can ask you.

    > Correct. He wouldn't care about a pending application.
    > > also, how would i be 'out of status' if the extension is not
    > > 'approved' before the expiration of the visa stamping ? i thought once
    > > u get the receipt number for the extension process, ur status is legal
    > > in the US.
    > Yes, but you won't be in the US will you?
    > There are two distinct things going on when an H-1B extension is
    > filed for someone in the USA. There's a request for extension of
    > permission for the employer to employ you as an H-1B, and there's
    > a request for an extension of your current H1-B status. Whenever
    > a non-citizen leaves the US, he looses all immigration status.
    > Since you no longer have status, you can't extend it - so the
    > application to extend status is effectively abandoned when you
    > leave the USA.

According to the Cook memo
[http://uscis.gov/graphics/lawsregs/h...k/Travpub.pdf], an extension
petition is not abandoned under these circumstances. The individual can
reenter the U.S. before the expiration of the previously authorized status.
The extension petition remains pending, and when it is approved, the I-94 at
the bottom of the approval notice supercedes the I-94 that the individual
obtained upon entry.

The Cook memo is really about the abandonment of a change of status
application when the applicant leaves the U.S. before adjudication.
However, a contrast is specifically made to the application for *extension*
of status, and the implication is that the application is *not* abandoned
upon departure.

    > If you return while the extension application is pending, you will
    > only be admitted until the end date of your current petition. You
    > will need to leave the USA at or before that date, and will not
    > be able to return as an H-1B until the new petition is approved
    > and you have a valid visa.

I don't think this is the case. See above.

Sabari, I think you can have the extension petition filed before you leave
the U.S., leave the U.S., re-enter the U.S. before Feb. 10, even if the
extension petition is still pending, and the pending petition will not be
deemed abandoned.

However, I don't think you should depend on my word. You should consult
with a competent immigration attorney, and then decide.

    > I've no idea whether or not the following is allowed: perhaps you
    > would be allowed to make another application for status extension
    > once you get back, based on the already pending petition extension.
    > It seems logical, but that's rarely relevant to immigration rules.
    > > i am not sure whether i explained properly what my plans are :
    > >
    > > 1) initiate the extension process now for my h1 and get the receipt
    > > number.
    > > 2) if it is approved before jan, take that, goto india in jan, get it
    > > stamped and come back at leisure.
    > > 3) if it is not approved before jan, go to india in jan, come back by
    > > feb 4th or 5th, so that i get back to US but only with a I-94 valid
    > > from feb4th or 5th till feb 10th.
    > That's fine of itself, if they let you in for that short a period
    > > but since i've the receipt number
    > > for my extension process which is going on during this time, i will be
    > > valid (pl confirm!) in the US.
    > No! You abandoned your application to extend your status by leaving
    > the USA. Your employer's application for an extension petition is
    > still pending, and when that is approved you can use it to enter
    > again as an H-1B.
    > > i dont think my employer would do any premium processing for us since
    > > it involves a bunch of money and once i start it off, other employees
    > > would also demand doing so.
    > It costs $1,000. You could consider paying it yourself if your
    > employer doesn't want to.