H1b expires in 06 months and planning to re-enter USA.

This depends. Is this the third, six year or somewhere in between? I hate to use the line from Dirty Harry, "Do you feel lucky, , . . .," but that may be the attitude you can face at a port of entry. Of course, the officers may not really want to question it and they don't have to question it. It is their discretion, not mine. A CBP Official 'may' reasonably have more questions to ask. There are H1-b visas that may be abused and completed sooner, even though an employer neglects to notify DHS that the visa is revoked. Of course, there are employers who properly notify DHS that it no longer has a need for the visa. Assuming no official revocation, the CBP may insist on a letter that confirms that your employer still has a need for your services. What we don't know is what the CBP will think of the letter and your credibility. Will you appear and sound like you are telling the truth to the satisfaction of the CBP Official? I cannot answer that last question. If the officer has any doubt, they may defer your admission for a secondary inspection and seize your passport. If the officer catches you lying, then the CBP Official may 'turn you around' or even issue a summary removal/exclusion order on the spot. In summary, if you really have work to return to, then use the visa and be prepared for 'possible' questioning. It is possible that you may be welcomed into the U.S. without much concern. I am not a fortune teller and this is general information and does not create an attorney-client relationship.

1. If you have an H-1B visa and since your H-1B approval is up to August 2010, yes you can and should be able to enter the US. 2. The I-94 will be stamped H-1B up to August 2010. It could more or less than 6 months depending on when you enter to US. But it ends on the expiration of your H-1B based on the approval notice, which is August 2010. From that point, depending on which stage you are in (3 yr H-B, over 6 year H-1B renewing every year), you can extend your H-1B stay here as long as a timely extension is filed (or transfer) by your employer and attorney. Your stay does not need to coincide with the expiration date stamped on your I-94 as long as a valid extension has been filed and approved. JP Sarmiento, Esq. Sarmiento Immigration Law Firm 5005 Rockside Rd. Ste. 600 Cleveland OH 44131 Toll-Free: 1.800.496.8043 Fax: 1.888.513.6917 Email: [email protected] Web: www.sarmientoimmigration.com Blog: www.sarmientoimmigration.typepad.com

I will agree with both of my previous colleagues. The entire case relies on understanding the concept of visa and status. The visa will allow you to board the plane and come to the port of entry where the immigration officer will determine the entry and give you a status. At this point the status will control. Depending how much time is left on your H1B (not the visa stamp) but number of years and if you have a valid job in the US, your status will be determined based on this. We deal with many H1Bs for Indian foreign nationals. Lately, most of them are being asked to show that they actually have work in the US to enter even when they have valid visas. So make sure you have all your paperwork ready., Good Luck Shah Peerally Founder and Managing Attorney of Shah Peerally Law Group PC Law Firm Deals in Immigration law, Bankruptcy & Debt Relief http://peerallylaw.com 37600 Central Ct, Ste 201, Newark CA 94560 510.742.5887 [email protected] Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.