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kalyankrish

H1B I94 & passport is getting expired but have valid I-797

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Hello Murthy Law Firm,


My passport is getting expired on AUG 30 2020.
My I94(stamped during port of entry) is getting expired on AUG 30 2020.
My Last H1B extension (petition:I-797) is getting expired on 14 May 2021.
 
So please clarify following questions.
 
1. Shall i have to apply H1B extension based on I94(stamped during port of entry) which  is getting expired on AUG 30 2020?
 
2. Even though I94 is expiring on AUG 2020, can I stay till May-2021 as my H1B extension(I-797) approved till May 14 2021?
 
3. My passport is expiring on AUG 2020, so should i first renew my passport and then i have to go for H1B extension if necessary? what is the process
 
4. As we know COVID-19 pandemic made many GOVT offices to shutdown, will there be any deadline for me to renew/extend my passport and H1B? please clarify
 
Could you please clarify on this and do needful.
  
Thanks in Advance!
 
Thanks
Kalyan.

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Get passport Extended and travel out of country to get a new I94 or apply for an extension. But don't stay with an expired I94 as that will put you out of status. 

BTW this is a public forum. For any legal advice you will have to call Murthy law firm office directly. 

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The law firm has contact details should you want to retain them.

You can either have your employer file an H1 extension from August,30 or you can leave at that time and return if the situation is normal thus getting a new I94.

First, renew your passport.

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This is a common scenario - one CANNOT be admitted to the US beyond passport expiration. 

The I-94 governs how long one is allowed to remain in the US, so this should normally be resolved either by travel with a new passport, or by having the employer file an extension of H1B status.

Remaining beyond the I-94 expiration would likely render one's stay "unlawful", which has serious consequences. 

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On 4/3/2020 at 2:50 AM, User099 said:

extension

hello Attorney_21 and all,

 

But in this case Kalyan Krish employer can file his H1B extension 180 days before May 14 2021 correct?

So he will be eligible for H1B extension only after Nov 14 2021. 

Correct me if I am missing any information

thanks,

Kumar

 

 

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17 hours ago, Kumar_91 said:

hello Attorney_21 and all,

 

But in this case Kalyan Krish employer can file his H1B extension 180 days before May 14 2021 correct?

So he will be eligible for H1B extension only after Nov 14 2021. 

Correct me if I am missing any information

thanks,

Kumar

 

 

He will need an I94 after Aug 30th till the time he files for an extension which will be after Nov 14th. 

Can you see the gap there?

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