I am in H1B status, and I urgently need to travel overseas. My petition is valid for two more years, but my H1B visa stamp expires in a couple of months. If I return a few weeks before the visa expires, will that be a problem?


So long as the visa “stamp” is still valid at the time the person requests admission in H1B status, the immigration officer at the port of entry generally has discretion to admit the person through the expiration date of the H1B petition (or the expiration date of the current passport, whichever date is earlier.) (17.Sep.2020)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.


Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved

Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.