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


SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 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.

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