URGENT!Travel during H1B Extension Pending and Come Back US when previous H1B Expires

[yeiuris]

Dear All,

I have an urgent issue and need your help... This is super urgent

My status is:

1. My current H1B will expire on December 31, 2013.
2. I had filed my 2nd H1B petition which is pending now
3. I need to go back my home country for family reason on December 20, 2013.
4. I can only come back United States on January 3, 2014.

Therefore, will it be possible I can enter the States on January 3, 2014? If yes, how to do that?

Thank you very much...

Sincerely,

Yeiuris

[qesehmk]

yeiuris - unless you have a visa (any visa will do) or an advanced parole - there is no way you can come back after Dec 31st.

I think with pending H1 petition you can continue your employment if you are in US. But as far as entry is concerned I am not sure there is any other option.

I hope I am wrong and there is some other way. May be other folks on forum might be able to tell you better. Best Wishes.

Dear All,

I have an urgent issue and need your help... This is super urgent

My status is:

1. My current H1B will expire on December 31, 2013.
2. I had filed my 2nd H1B petition which is pending now
3. I need to go back my home country for family reason on December 20, 2013.
4. I can only come back United States on January 3, 2014.

Therefore, will it be possible I can enter the States on January 3, 2014? If yes, how to do that?

Thank you very much...

Sincerely,

Yeiuris

[incredible]

Yeiuris - Q is correct. Unless you have a valid Visa (or AP) you may not be able to re-enter into the US. At POE they first verify the H1B (unexpired) and then only issue the stamp.

yeiuris - unless you have a visa (any visa will do) or an advanced parole - there is no way you can come back after Dec 31st.

I think with pending H1 petition you can continue your employment if you are in US. But as far as entry is concerned I am not sure there is any other option.

I hope I am wrong and there is some other way. May be other folks on forum might be able to tell you better. Best Wishes.

[yeiuris]

Thank you Q & Incredible,

It's very clear and helpful. Thanks again!!

Regards,

Yeiuris

Yeiuris - Q is correct. Unless you have a valid Visa (or AP) you may not be able to re-enter into the US. At POE they first verify the H1B (unexpired) and then only issue the stamp.