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I am on H1B visa currently. I plan to travel to Switzerland this summer. Given certain restrictions about the dates of my trip, my H1 visa will only be valid for exact 3 months on the day I plan to travel back from Switzerland. My issue here is that the Schengen visa info website suggests that "All non-US citizens who do need a visa to enter the Schengen Area, who have legal residence status in the United States (e.g. Green Card holders; F1 (I-20), H1B, G1, J1, etc.). with three (3) months validity after returning from Switzerland". I want to extend the trip but I will have less than 3 months validity on my visa then. Can someone please opine on this?

(I can apply for H1 extension in the meanwhile which will extend my stay for 240 days. But I am not sure if that will be considered since it won't be a stamp on my passport and it will also be conditional based on when extension gets approved.)

Ref. https://www.schengenvisainfo.com/switzerland-visa/us/

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  • You are interchangebaly using visa and status (also stay) in your question, which are complete different things. Any extension of status is gone as long as you leave the US and has zero relevance outside the US. Similarly, visa has zero purpose when you are in the US. You need to clarify what you are talking about. Commented Apr 2, 2023 at 10:28

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So the requirements say you must have AT LEAST 3 months left on your Green Card. How does that confuse you into thinking you are going to be fine with LESS THAN 3 months remaining?

You're clearly going to be in a situation where you'd be in violation of the visa requirements if you're trying for that extension. And if you don't try to get an extension and stay anyway in the Schengen area you're overstaying your visa which is bad as well. Just leave when you have to, you're going to need the time back in the US anyway to arrange you leaving there for your home country.

And once you're back in your home country you can always try to get another visitor's visa for the Schengen area from there of course.

I do have a gut feeling that any official looking over your application is going to be extremely wary about you filing a return date on the very edge of the envelope btw, which could make them either place you under extra scrutiny or just refuse you outright on suspicion of not planning to leave the Schengen area in time.

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