Not going to go for stamping after H-1B renewal

[Sachin2us]

HI,

I heard that I don't need to go out of country and get visa stamped after H-1B visa renewal, if I am not planning to go out. But I need to extend my i94- is that true? What's the procedure?

[ashukla]

12 hours ago, Sachin2us said:

HI,

I heard that I don't need to go out of country and get visa stamped after H-1B visa renewal, if I am not planning to go out. But I need to extend my i94- is that true? What's the procedure?

That's true you are not required to leave the country to get a new I94. Usually I94 comes along with the approved petition/extension, for any unfortunate instance if it doesn't then you can go to Canada or Mexico and get a new one while coming back, you do not require stamping if you come back with in 30 days.

[Sachin2us]

Hello ashukla, thank you for your reply. Ok, so my i94 will come with approval notice, then how my dependents will get extended i94? Do they need to file i539?

[care_candidate]

It depends. What kind of I-797 did you get?

-A or -B?

-A comes with I-94 at the bottom. -B does not. In any case you do not have to go out of country. There is an application to be made by your sponsoring company to apply for I-94 extension. It is very small application and free that can be applied online. Talk to your company attorney.

[Sachin2us]

Hi there,

Thank you for your reply.

Currently I have I-797B, so I assume renewal would be the same. So, I will get I-94 extension from my company/ attorney, and what about my dependents (wife and kid on H-4 visa)?

[giri26]

29 minutes ago, Sachin2us said:

Hi there,

Thank you for your reply.

Currently I have I-797B, so I assume renewal would be the same. So, I will get I-94 extension from my company/ attorney, and what about my dependents (wife and kid on H-4 visa)?

Normally you would need to file extension of stay for your dependants along with your extension which will be a I-539 when they are in the US with you. If you haven't filed it and if their current I-94 has expired, they would be currently out of status. The fastest way would be to leave the country and come back on H4 visa after you get your I-797. It is always a good practice to file I-539 along with your I-129 as it is easier that way.

[care_candidate]

You don't need to go out of country do what I said above. If your employer has filed H4 for your dependent, they will file I-94 with yours too.

[pontevecchio]

Make sure your company has filed the H4 extensions for your dependents. Did you ask the company?

[Sachin2us]

Thank you for your replies and suggestions. I am discussing this in advance. My H-1B and i94 is valid until Sept 08, 2018 and so as for my dependents as well. They will be starting renewal process soon. I will talk to my company attorney about filing i94 for myself and my dependents. Thank you once again!