H1B extension approved but I94 expires before.

[Happylife1577]

Hi,

 

1. I came to USA on L1A in 2010.

 

2. I filed for an H1B and and got a H1B and new I94 on June 11, 2012 for 3 years from October 1, 2012 to September 30, 2015.

 

3. I travelled to India in September 2012 while still working on L1A and on the port of entry in New York was given an I94 until September 16, 2015.

 

4. On August 12,2015 I got an H1B extension and new I94 for 3 years from October 1, 2015 to 2018.

 

 

Summarizing the above:

- My I94 (issued at port of entry and as per USCIS website) expires on September 16, 2015 and

- My current visa and I94 given alongwith visa expires on September 30, 2015 and

- My new visa and I94 begins from October 1, 2015.

 

Please advise my status in USA from September 17, 2015 to September 30, 2015.

 

- Am I on legal status for the above period as I have an approved H1B visa extension for the next 3 years.

 

- Should I file for extension of I94 for the period from September 16 to September 30, 2015.

 

 

Thanks.

 

 

 

 

 

 

 

 

 

[jairichi]

A few days might be ok. But, on safer side you can file a COS to B2 and once you move to H1B status from Oct 1st request USCIS for withdrawal of your COS to B2 petition.