I797 Expired but H1b & I94 Valid


shravan21

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Though I had my I797 expiry date as Aug 2010, I was given a H1b visa till Aug 2012 and similarly the date on I94 is Aug 2012. I didnt notice the expiry date on I797 until I needed to file for extension which is due on Aug 2012.

Can you please advise on the implications of extension for my case?

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If you are in USA your I797 and I94 both should not expire anytime. If at least one of these expires, and by that time COS or extension is not applied, means you are accruing out of status days. All these 3 dates may or may not be same. The beneficiary/ employer should take action accordingly before expiry.

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