H1B extension Denid. I94 and H1B stamped visa still valid


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Hi Attornies,


I have a below situation and your any help is deeply appreciated.


Got my H1B through employer A

H1B start date: Feb 2012

1st US arrival date: 3rd March 2012

I94 date is: 15th December 2014


Transferred my H1B to Employer B in Feb 2013


New H1B Petition got approved till : 7th Feb 2014

New I94 date: 7th Feb 2014


Travelled to India on November 2014 but didn't go for stamping. While coming back to US at POE they gave me I94 date as 15th December 2014 based on my H1B stamped visa (from employer A)


I applied for H1B extension on Jan 29th 2014 and got RFE on April 2014. Submitted RFE response on May 2nd 2014.


Now on July 31st 2014, My H1B extension got denied and i am still waiting for the Denial Notice. but now based on this current situation i have below questions:


1. Can i continue to stay and work in US until 15th December 2014 since my i94 and H1B stamped visa (from employer A) is still valid? or i cannot work because work petition with employer B is denied?


2.  Can i apply for Fresh H1B in premium processing in out of cap category and stay in US until the decision comes since i94 is still valid till dec 15 2014? 


3.  If above point 1 & 2 are not valid then Am I out of status right now since petition was denied on 31st July but legal to stay since i94 date is not expired yet? 


Your help is deeply appreicated.






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The I94 on return should have been till the latest H1 petition approval which February,7 2014. This suggests you did not show the latest H1 approval on entry. The I94 is issued till petition expiry and NOT VISA expiry.  If you want to work for A, call them and ask. You can always get a H1 petitioner to get a petition approved and return with the H1 visa.

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Thank you Pontevecchio for the response.


I understand that ideal scenario was to get the H1 stamped while coming back but i didn't get the chance to go for stamping since it was a short vacation.


Now if this is done, can you please confirm if i am legal to stay or work on i94 or can just stay on i94?

Also, when will be my Out of status date will start? Is it the date when my h1B petition denied or when my i94 date is expired?


Thanks for all your response.




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