Work authorization after I-94 expiry

[dchoppa]

My wife’s I-94 is expiring on 01/26/2018 (realized recently). She is on H-1B visa. We are planning to leave on 01/25/2018 to India and get H1B visa stamped based of her new I-797 approval valid until 01/17/2020. She will return to US on 02/19/2018. Does she have to be off the payroll (i.e. unpaid vacation) during the period from 01/27 till she returns to US?

 

Background:

• Received approval for I-797 in October 2016 with validity of 01/2017 – 01/2020 (future dated document)
• Travelled to India in November 2016 and on return to US, received a new I-94 valid until 01/26/2018 (based of her old H1B Visa stamp valid until 01/26/2018)
• This has short changed the stay to 01/26/2018 instead of 01/2020.

Question:

• Does she have to be taken off the payroll during the period from 01/27 till she returns to US? If so, until she returns to US or until she gets her new Visa stamped?
• Can she be on paid vacation between 01/27/2018 – 02/19/2018?
• Is she authorized to work from else where (not US)? Can she work from India (if employer permits) while she is taking care of the visa stamping? can she be paid while working from India?
• As per my understanding, I-94 is for validity of stay and I-797 is work authorization. Is my understanding correct?

[pontevecchio]

The I94 expiry is NOT based on visa expiry but the H1 petition expiry. Why did she not notice at that time?

She does not have to be paid while abroad though she can be paid if the employer agrees. Indian law applies to working in India and as a citizen she can work .

[dchoppa]

She noticed it immediately and went to the cbp Office to get corrected. But since the new I-797 (01/2017 - 01/2020) is not effect yet as of her travel date I.e. nov 2016 so her I-94 was issued based of her visa expiry.

she is authorized to work from outside US and get paid while she is taking care of the visa stamping in India?

[dchoppa]

@JoeF can you please answer my questions?

[satya2k1]

On 1/19/2018 at 6:30 PM, dchoppa said:

My wife’s I-94 is expiring on 01/26/2018 (realized recently). She is on H-1B visa. We are planning to leave on 01/25/2018 to India and get H1B visa stamped based of her new I-797 approval valid until 01/17/2020. She will return to US on 02/19/2018. Does she have to be off the payroll (i.e. unpaid vacation) during the period from 01/27 till she returns to US?

 

Background:

• Received approval for I-797 in October 2016 with validity of 01/2017 – 01/2020 (future dated document)
• Travelled to India in November 2016 and on return to US, received a new I-94 valid until 01/26/2018 (based of her old H1B Visa stamp valid until 01/26/2018)
• This has short changed the stay to 01/26/2018 instead of 01/2020.

Question:

• Does she have to be taken off the payroll during the period from 01/27 till she returns to US? If so, until she returns to US or until she gets her new Visa stamped? No, she does not have to be off the payroll.  Usually, employees get paid time off (PTO) while working full time, and mostly employees use this PTO for vacation time either in US or abroad.
• Can she be on paid vacation between 01/27/2018 – 02/19/2018?  - It is PTO.
• Is she authorized to work from else where (not US)? Can she work from India (if employer permits) while she is taking care of the visa stamping? can she be paid while working from India? It depends on her work place policies and regulations.  Usually, H1B is applicable for employees working in the USA. I am not sure if there are any exceptions.
• As per my understanding, I-94 is for validity of stay and I-797 is work authorization. Is my understanding correct?  You are partially correct, I-94 (Arrival/Departure Form) shows your, admission number, status and validity date of stay, whereas I-797 is the Approval notice of a petition. It shows whether a petition is approved or not, if approved then it shows category of status and period of approval.