Travel on H1B that is close to expiration

[leberquesuge 0]

I have applied for AOS based on marriage to a USC, having been here working on H1B. The H1B was changed to a new employer last summer, with expiration on August 31. My old one doesn't expire until July 31, so that is the one I travelled on earlier this year. I plan to travel back to Wales in early August, so would need to process the newer visa at the London embassy when I am abroad. I have had to do this in the past (process visa a month from expiration, and return to the US with visa about to expire) and it has caused me no significant problems. Can I expect the same this time? I know H1B is dual intent, but would "I've applied for a green card by marriage" be reason to refuse me reentry?

The job I have been in is essentially finished (I'm in academia), and I have another teaching position lined up to start in September. I think my EAD card should arrive in time, but in case not I think they would be able to apply for an H1B transfer so long as they did so before August 31.

[hmh33 117]

If the visa is valid, it's valid. And H-1B is indeed dual-intent, so having filed for adjustment of status is not a problem. Why didn't you file for advance parole as well? That would have saved you the trouble of going to the London embassy.

[leberquesuge 0]

Thanks! Obviously that's what I hoped to hear. And indeed, I'm kicking myself for not having done AP. It was a DIY job (until I found this site). Though since I'm still waiting on the EAD, it isn't clear the AP would have arrived before I needed to make arrangements to process the H1B anyway.

[kiwivisa 8]

I sweated abuot a very similar thing!

I travelled on an L1-B, and was admitted back into the country with 2 weeks left before it expired (End of may). The border agent asked if I had applied for an extension or change of status, I said I was married and was undergoing the AOS. She was very helpful and nice, and even suggested that I ask to get my passport stamped at my AOS interview.

One month prior to that I had entered and was given a very hard time by the border agent. She asked if I had applied to change status, I said yes based on marriage, and she commented n a very rude tone 'Thats how you all do it!". She then started asking a stack of questions about my income, previous marriage etc. What annoyed me is she wasn't taking any notes or anything, she was essentially giving me a hard time because she could. But the crux of it is, I was admitted again without anything more than some annoying questions.

So from experience I can tell you that you will likely get questioned about your intentions once your visa does expire, but its fine as long as you do have a sensible answer. If there was any doubt involved, or if it had been a close call, then I would have been sent to secondary Im sure.

One tip in case you were not aware. The I94s are now handled digitally, you will not be given a copy when you enter. Do make sure you print it out later at home as I was asked for mine at our AOS interiview. Im sure thay can look it up if you don't have it, but always nice to be prepared!