Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

My husbands H1B visa is expiring on 6th June 2016. The visa

Customer Question
Hi, My husbands H1B visa is...
Hi,
My husbands H1B visa is expiring on 6th June 2016. The visa extension is in process and the process is not yet complete..however there is an emergency. My Mother in law has passed away and we have to travel to India. Can he travel when the extension is in process? If he comes before 6th June?
Please let me know.
Thanks.
Submitted: 1 year ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 7 minutes by:
5/21/2016
Immigration Lawyer: Law Educator, Esq., Immigration Law Answer Team replied 1 year ago
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 119,440
Experience: Immigration Law Expert
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. A H1B non-immigrant employee is permitted to travel while an application for Extension of the H-1B Status is pending, as long as they are traveling on an unexpired H¬I B non-immigrant visa. The law, which is Section 222(g) of the Immigration and Nationality Act (“INA”), states that a non-immigrant alien that stays in the U.S. beyond the expiration date indicated on their I-94 will cause their visa to become automatically revoked, and consequently the alien will not be able to return to the US unless he or she obtains a new visa. However, the alien’s visa will remain valid where a timely, non-frivolous, application for Extension of Status or Change of Status is filed, and where the alien has not engaged in unlawful employment. If he has a pending application for Extension of Status and if the application is approved while they are abroad and they return to the U.S. on their original visas the new 1-94 issued upon their entry into the U.S. will trump the I-94 attached to the Notice of Approval, so he needs to get a copy of the new I-94 if he does not return to the US before June 6th, or if the extension is granted before June 6th. So he would need proof of the extension being timely filed and proof that he is returning to the H1B employer upon return to the US and if his extension is approved before he returns to the US he needs his employer to get him the new I-94 for reentry.
Ask Your Own Immigration Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 119,440
119,440 Satisfied Customers
Experience: Immigration Law Expert

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

47,491 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I want an immigrants visa and I need someone to put me
I want an immigrants visa and I need someone to put me through on what do … read more
Bill Attorney
Bill Attorney
law
1,401 satisfied customers
My Daughter is waiting for immigrant visa. Her case is F2A
My Daughter is waiting for immigrant visa. Her case is F2A and her Priority date is October 5 2015. It has been current since October 1st of this year … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Scared to go for immigrant visa interview. Lawyer handle the
Lawyer handle the case I just need a second opinion … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My immigration visa will expire on Dec. 12, 2017. I filed
i filed I-90 since March 2017 biometrics done in april but till now news from USCIS … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
How the Administrative Proceeding take on Immigrant visa
How long the Administrative Proceeding take on Immigrant visa after interview. … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
Miss., I don't have the Immigrant Visa Case Number needed in
Hi, Miss. Jones,I don't have the Immigrant Visa Case Number ***** in CEAC. All I have is my basic information and passport number. Can I check my VISA status with those informations? And some other la… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
I am wondering if I really need to include the I-94 in my
I am wondering if I really need to include the I-94 in my I-129f packet. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
I petitioned for my sister for an immigration visa in 2010
hello - I petitioned for my sister for an immigration visa in 2010 and it looks like the wait time never changes. Is there a way to expedite the process? She is currently waiting for a visa number I b… read more
Leena Kamat
Leena Kamat
Juris Doctor
94 satisfied customers
I petitioned for my sister for an immigration visa in 2010
hello - I petitioned for my sister for an immigration visa in 2010 and it looks like the wait time never changes and there is no way to expedite the process.I looked at ways to see if she can be hear … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I am have a DV immigrant visa pending for the USA. Still
Hello, I am have a DV immigrant visa pending for the USA. Still aiting for my interview in my country. Can I go to America for a month to do things like, to pass GMAT test, get eyelaser surgery, etc? … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I have schegule immigrant visa appointment at us london
Hello. I have schegule immigrant visa appointment at us london embassy … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My uncle was just approved for his immigration visa, but
My uncle was just approved for his immigration visa, but they did not approve his daughter to immigrate with him. She "reached the maximum age and [is] not eligible under the Child Status Protection A… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
Can someone on a P1A non-immigrant visa supplement their
Can someone on a P1A non-immigrant visa supplement their income with say a part time job at McDonalds … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
My husbant made an american immigrant visa application for
Hello,my husbant made an american immigrant visa application for my daughter and me 11 months ago we received a letter from the Immigrant Visa Department of the US Department of Foreign Affairs inform… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,279 satisfied customers
A friend's husband was recently refused an immigrant visa
A friend's husband was recently refused an immigrant visa due to a misrepresentation issue he had with US consular office in Lagos, Nigeria back in 2009. Recently, he was asked by the consular officer… read more
Expert James
Expert James
Doctoral Degree
11,528 satisfied customers
Respected Sir/ Maam; I was refused an immigrant visa at the
Respected Sir/ Maam; I was refused an immigrant visa at the US Consulate on the basis that the petitioner's domicile was not established: 212(a) 4-public charge. The Consular Officer said further cons… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I was chosen for the diversity immigration visa program, I
I was chosen for the diversity immigration visa program, I am a bit conflict as to whether I should continue DV application because I only meet 1 one the qualification requirement I have a high school… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I (the petitioner) am applying for Immigration Visa for my
I (the petitioner) am applying for Immigration Visa for my Spouse. She lives and works in New Brunswick, Canada. But her passport/nationality is India. Will NVC schedule the visa interview in Canada O… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x