My H1B is going to expire on Oct, '08. I want to go my country in Aug for 3 weeks trip. can I comeback?

Question

My employer not yet filed for renewal. That means after I come back, I have only 1.5 month valid visa. At that point, Can I come back to US or not permitted? Please help me.

Answer 1

In order to return to the U.S. as an H-1B, you would need to be returning to resume employment with the petitioner, the petition would have to be unexpired, your H-1B visa would have to be valid, and unexpired, and your passsport would have to be valid for six months beyond your anticipated period of stay which at this point is 1.5 months.

So, you need:

Valid H-1B visa.

Valid passport.

Valid petition.

Return to continue employment with the petitioner.