sajmani Posted October 7, 2018 Report Share Posted October 7, 2018 Hello, I was a bit confused that is the reason I wanted to ask this question to the forum. I have seen a lot of discussions but nothing pointing to the direct answer. My current I94 was till May 22, 2018. I got a new I797 in March 2018 and the new date is valid till May 22, 2021. Recently I was talking to my employer's immigration attorney and they asked me to leave the US before November 21, 2018 (i.e. 180 days from the I94 expiry) and get a new visa stamped and then re-enter US with a new I94. It comes at such a point when leaving US would be hard due to some personal issues. Please let me know if my attorney is telling me the right thing to do. Kind Regards. Link to comment
pontevecchio Posted October 8, 2018 Report Share Posted October 8, 2018 Do you have an I94 for the extension till 2021. ? Is there any reason why you did not ask the Lawyer as to the reason why? Link to comment
sajmani Posted October 9, 2018 Author Report Share Posted October 9, 2018 Hello, Thanks for the reply! I have a new I797 till May 2021. I asked him several times about this but he said because of the green card process (starting in my case) he needs an updated I94 record on the CBP. Link to comment
Ken7 Posted October 22, 2018 Report Share Posted October 22, 2018 Maybe it's an error on the lawyer's part? When you apply for an H1-B extension, you also include extending the I-94 date. The new I-94 date should come with the new I-797 (bottom section of the I-797, and should match the new I-797 date). If there isn't a new I-94 then maybe the lawyer incorrectly applied for the H1-B extension based on consular processing? I would confirm and if that is the case then I wouldn't wait 180 days to leave the country. Link to comment
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