i94 Valid until Aug 30,2012 H1b valid May,2013 Passport renewed


abpa1975

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Hi All

Here are my details:

  • My H1B I 797 valid until May 2013
  • Date on i94 until Aug 30,2012 as passport was expiring on that date
  • My Visa has since expired
  • I have since renewed my passport

Can I get my I 94 extended inside US, or will I need to get a new Visa stamped?

Is deferred inspection at CBP office or form I129 an option for me?

Thanks in Advance for any suggestions!!

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You have two options,

1. Your employer can file an extension.

2. You can leave the US, obtain H1B Visa and return to get appropriate I-94.

One of the two must be done before your I-94 expires.

Since his current petition is valid till May 2013, can he file extension before 6 months of May 2013 which is the rule from USCIS for extension filing.I know of a case similar to this and the new I-94 had the validity start date after May 2013(after expiry of existing petition) and not the expiry of current I-94.So there would be a gap in I-94 from Sep 2012 till Jun 2013.

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You have two options,

1. Your employer can file an extension.

2. You can leave the US, obtain H1B Visa and return to get appropriate I-94.

One of the two must be done before your I-94 expires.

Thanks, you mean to say my employer can file extension of stay (I-129) right, not H1B extension?

I hope to avoid getting a new visa stamped if it can be avoided.

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Since his current petition is valid till May 2013, can he file extension before 6 months of May 2013 which is the rule from USCIS for extension filing.I know of a case similar to this and the new I-94 had the validity start date after May 2013(after expiry of existing petition) and not the expiry of current I-94.So there would be a gap in I-94 from Sep 2012 till Jun 2013.

H1B petition has 2 parts, extending the work-authorization and extending the I-94 (duration of stay). Since I-94 is expiring in the next 6 months, petition can be filed to extend it.

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@livliv Is it correct that the cost involved when filing for extension of stay(I-94) will be less than filing for H1B extension. I am assuming that the cost will be only for base I-129 application and attorney fee and nothing else like ACWIA, Fraud fee etc

I think so. The cost needs to be born by the employer. It may even be less if it is just an amendment instead of a complete petition. The employer's lawyer will know best.

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Hello Members,

I recently filed h1 extension and got approval until july 2012, but no I-94. First thing that comes to mind is going to India for stamping, but I want to avoid stamping. my lawyer is suggesting filing h1 extension again. Has anyone done this?

What is the reason for no I-94? Were you out of status or was the extension filed after your I-94 expired? Sometimes these days USCIS sends courtesy copy of the approval notice without I-94 first and actual approval notice with I-94 later. Is that the case?

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livliv - Thanks for you reply.

My case was unique, at the time of filing extension I had I-797 (issued in Jan 2009) that had valid I94 but the I94 on passport (issued Dec 2009) had expired. I am with same employer since Jan 2009.

There is nothing unique there. The last issued I-94 matters. The one on approval notice should have been attached to the previous one and submitted to the airline when you left the US. Did you read the approval notice? It clearly states that I-94 should be attached to other I-94's.

Your employer's lawyer may be trying to file a backdated extension (nunc pro tunc), but those are difficult to get. You can consult your own lawyer to better understand your options. As it is you are illegal since your I-94 expiry.

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