I94 Extension with valid I797 in USA

[sai_0458]

Hi,

My H1b visa is getting expired on September 31 2014. My employer has applied for extension but it is still in "Initial Review " state from 2 months. I have to travel to india for couple of weeks.If I do not travel with updated I797, I will get I94 only till my visa is valid which is up to September 31 2014.

If i get I797 approved when i am in india and if i don't carry I797, i still get my I94 till September 30th. My understanding is,though I797 comes with I94 valid beyond September 31 2014 but according to "Last Action" rule as I94 while entry to US( valid till September 31 2014 ) is latest , I94 in I797 will become void.

Please correct me if i am wrong.

So i will be left with i94 and Visa valid only till September 31st, and I797 valid till 2016. Can i update I94 staying in US before September 31st ? Or do i need to travel outside USA and come back ?

Thanks,
sai.

[raghvi]

Hi,

My H1b visa is getting expired on September 31 2014. My employer has applied for extension but it is still in "Initial Review " state from 2 months. I have to travel to india for couple of weeks.If I do not travel with updated I797, I will get I94 only till my visa is valid which is up to September 31 2014.

If i get I797 approved when i am in india and if i don't carry I797, i still get my I94 till September 30th. My understanding is,though I797 comes with I94 valid beyond September 31 2014 but according to "Last Action" rule as I94 while entry to US( valid till September 31 2014 ) is latest , I94 in I797 will become void.

Please correct me if i am wrong.

So i will be left with i94 and Visa valid only till September 31st, and I797 valid till 2016. Can i update I94 staying in US before September 31st ? Or do i need to travel outside USA and come back ?

Thanks,
sai.

Staying within US you can either go to nearest CBP office and update the I-94 or apply using form I539.

This is my opinion not legal advice.

[sai_0458]

Hi raghvi,

Thank you for information.