Will I get a new I-94?

[Armageddon]

Hello everyone,

I am on H1B and my wife is on H4 and we both have our I-94 valid till Oct 2013.

1. If I change my job and get a new H1B from a new employer, will I get a new I-94 card along with the approval or will I just get a notice of approval and have to go for stamping to get a I-94?

2. If my wife gets an employer to get her a H1B, will she get a new I-94 card along with the approval or will she have to go for stamping to get a new I-94?

[krialta]

In your case it will be H1B transfer with new I-94 card attached to your petition I797.

Your wife case - employer has to file new H1 in April 2013 once approved is valid from Oct 2013 and file change of status from H4 to H1B.

In both cases I-94 number remains the same but the expiry is based on new petition.

[Armageddon]

Thanks for the reply.

So if my understanding is correct, whenever a change of status application is made from within US, do they always send a new I-94 with an extended date?

We visited India 6 months ago and have no plans of traveling in the near future, and if possible want to try to avoid the cost of traveling just to get a visa stamp

[krialta]

The expiry date may not be extended every time, it all depends from case-case. There is a possibility you could get same date as previous expiry and sometimes reduced.

Till you abide to regulations and maintain your valid status, I do not see a need to travel just for stamping. In any case if asked for visa copy, you can show the existing visa in the passport along with latest 797 petition copy, that will serve the purpose.

I heard of some people travelling based on their current situation for ease of future travel purposes.