How can I prevent the risk of being barred from re-entering theUS after travelingabroad to get my visa stamp?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can I prevent the risk of being barred from re-entering theUS after travelingabroad to get my visa stamp?
I am currently in the process of transferring my H-1B visa for the 3rd time and due to economic reasons; the gap between my last visa and now is almost 6 months long. The only assurance I have is that I will be traveling on the terms that both my previous H-1B visas are still well within their active dates. But it doesn’t excuse me of the possibility of being questioned during my re-entry and risk being bar. What can I do or bring with me during my travel should this occur to excuse me from being bar and secure my safe entry?
Asked on March 6, 2012 under Immigration Law, New York
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is no possibility of any bar if you were not unlawfully present in the US at any time. Even if you were out of status because you were not working in H-1B all the time, as long as the I-94 was valid, you were not unlawfully present.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.