arpitkus Posted January 2, 2015 Report Share Posted January 2, 2015 Pardon me if this is duplicate topic. Situation: My wife's H1-B and I-94 both are valid until 29th Oct 2015. We are not planning (or hope not) to travel anytime for next one year since we are expecting a baby. My question for experts here is that, once my wife's employer files H1-B extension ( I believe at max 6 months prior to expiry of current one which is 29th April 2015) and assuming it is approved, do we have a way to extend her I-94 form also? I followed this link: http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf Which suggests filing form I-129 to extend stay for H visa holders but I could not confirm if this form also issues new I-94 with extended departure date. Specifically because this form I believe is filled with every H1 petition. If there is a way to renew I-94 without leaving the county, I have one more question: Her passport expires in May 2016. We will apply for passport renewal at earliest allowed time which is May 2015. If it is possible to get renewed I-94, it is a good idea to get passport also renewed before we file I-129 so that we have uninterrupted stay? Otherwise we can not have I-94 beyond passport expiry. Any help here would be greatly appreciated. Link to comment
jairichi Posted January 2, 2015 Report Share Posted January 2, 2015 When an extension is filed before current I94 or petition expiry then new I797 will come with new I94 validity. Better get passport renewed before H1B extension filing. Link to comment
rahul412 Posted January 2, 2015 Report Share Posted January 2, 2015 Employer has to file H1 along with extension of stay. When her H1 is approved she will get a new I94. Link to comment
shekar11# Posted January 2, 2015 Report Share Posted January 2, 2015 Your wife will get a renewed I-94 when she applies for her H-1 extension. As you said better apply for passport renewal first in May 2015 and then file the extension. Link to comment
pontevecchio Posted January 2, 2015 Report Share Posted January 2, 2015 H1 EXTENSION Approval implies she gets an I94 with approval. H1 extensions are usually till the period asked for. The passport expiry is only relevant when coming back to this country. Link to comment
arpitkus Posted January 9, 2015 Author Report Share Posted January 9, 2015 Thanks everyone for your answers. Appreciate it. Link to comment
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