H1B Expired in May 2018


sajmani

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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.

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  • 2 weeks later...

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.

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