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mynameizshila

I94 extension with I-539

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Hello can any one help me

Following is the status of my H1/Visa/I94

When i came into the country my visa and Old I797 was expiring on the Sep 2010, at the port of entry the officer gave me I94 till Sep 2010( Till Validation of Visa on my passport),

In Sep 2010 I went to Airport CBS officer extended my I-94 till the Aug 2011, the key thing is my passport was expiring on Aug 2011, now that i have got the new passport and have to apply for new I94.I have valid I797 till 2012.

Can any one help me what is the best solution that i have to follow and also can some one let me know will this effect my H1 extenion in future,

I have been told by employer that i have to apply for new I94 (I539), is it ok if i apply fo the same and then apply for the new H1 extension after getting the new I94.

I would sincerely appreciate if some one gives me a appropriate solution.

Thank you in advance,

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"When i came into the country my visa and Old I797 was expiring on the Sep 2010"

dID YOU HAVE THE APPROVED h1 PETITION TILL 2012 AT this time?

Your Employer is wrong. You can leave the country and come back with a new I94. I-539 has no connection to you. Another way is for the employer to file another H1 petition for you.

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I believe your employer is confused here. Form I-539 is used to process a change of status, for example from L1A to B-2. This has no relevance to an H1B or H1B extension since you are not changing status. You have to depart the U.S. by August 2011 or the I-94 expiry date.

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