An Indian H-1B worker entered US three days before visa expiry.
Amid much panic and apprehension over international and domestic travel for visa holders, an Indian H-1B employee shared the experience returning to the US three days before the expiry of the visa. The person said that the visa validity was until July 31 and the extension was filed in March under regular processing, which remained pending.”I traveled to India on June 28 due to an emergency and returned to the US on July 28, just 3 days before my H-1B was set to expire, through Seattle Port of Entry,” the visa holder said.”The CBP officer asked for my new I-797 approval notice. I explained that my extension is still pending and showed the H-1B extension receipt notice. The officer verified the filing and asked when I planned to travel back to India for visa stamping if the new petition was approved. I replied that I would likely travel in December or June,” the post read.The person was then taken for a secondary inspection, where the passport, phone and other documents were taken.”Another officer then returned my documents and informed me that I was being admitted only until August 10, 2026. When I asked what that meant, I didn’t receive any explanation. They simply asked me to proceed to my connecting flight,” the post added.
What happens now?
The post gained a lot of attention as immigration experts are advising visa holders to put off travel plans. Social media users said the H-1B visa holder must inform the employer’s attorney immediately about the August 10 date. The visa holder also must upgrade to premium processing for the H-1B petition so that the extension plea is addressed faster before the current entry period lapses.CBP officers do not have the legal authority to grant a stay on a pending petition. Since the officer was admitting the person just three days before the visa expiry, they had to follow the due procedure and set the new date, giving a 10-day grace which is legally permitted.
