Re-enter into USA from India with valid H1B visa expiring within 2 months

USA H1B Visa
1

Hi, is it ok to travel to india and re-enter into USA with valid H1B visa expiring within 2 months? I want to travel in december and come back in jan 1st week of 2022 and my valid visa expires on 10th March 2022. Will I be questioned at port of entry? Is it safe to travel?

Thanks in advance and any help is appreciated.

2

You can enter in the US even with one day left on validity of your visa as it is just a travel document. However make sure your passport is valid beyond your I-797 or visa expiry so the I-94 issued by CBP has same validity as your I-797 or visa.
Also carry all relevant documents like the copy of your H1B petition, employment verification letter, last 3 pay stubs etc as a proof of continued bonafide H1B employment.

3

Hi Kalpesh,

Thanks for your comments, Appreciate your help. My present passport expires on Aug 2022 and I have a new passport in hand just recieved 2 days back. can you answer few questions i have and stated below.

  1. So, even my valid visa expiring on 10 march 2022 is in old passport shouldn’t be a problem correct? As, i will be holding my new passport as well during travel?
  2. In my travel I-94 isee the “Date Admit Until: D/S” that should be good as well right?
  3. What do you mean by “copy of your H1B petition” is that a document from my employer that i can request for whoch they used for by H1B renewal?

Thanks

4

Not a problem, just carry both passports.

The I-94 you are referring to should be from your past F1 status. If you have approved H1B, your I-94 expiry should be on the I-797 approval notice if you did a chance of status from F1 to H1B in the US.

This is the copy of the I-129 H1B petition. If you don’t have it, you should ask your employer immigration lawyer to send you one. Also you should discuss your travel plan with the immigration lawyer so they can suggest you the documents to carry with you which may be useful while re-entering back to the US.