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I94 Vs Amendment for 240 day rule

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  • I94 Vs Amendment for 240 day rule

    I have a question regarding my extension of stay based on I-94: Below are my details:

    I797 valid till Mar'2017
    Visa valid till Mar'2017
    I94 expired on Aug'2016 (because my passport expires by Aug'2016)

    I was with Client A in Work Location A. Because of change of project, I had to move to Client B in Work Location B. My employer filed H1B Amendment.
    Since I94 was expiring, Visa extension was filed in Aug’2016 and is still in progress.
    My H1B relocation amendment got approved with new I-797A in Dec and is showing valid till 03/31/2017.
    So, now my confusion is the 240 day rule starts from Aug’2016 or Mar’2017. Please suggest.
    Thanks

  • #2
    Originally posted by liferocks82 View Post
    I have a question regarding my extension of stay based on I-94: Below are my details:

    I797 valid till Mar'2017
    Visa valid till Mar'2017
    I94 expired on Aug'2016 (because my passport expires by Aug'2016)

    I was with Client A in Work Location A. Because of change of project, I had to move to Client B in Work Location B. My employer filed H1B Amendment.
    Since I94 was expiring, Visa extension was filed in Aug’2016 and is still in progress.
    My H1B relocation amendment got approved with new I-797A in Dec and is showing valid till 03/31/2017.
    So, now my confusion is the 240 day rule starts from Aug’2016 or Mar’2017. Please suggest.
    Thanks
    From you said, the new I-797A was approved until March 31, 2017. your 240 days starts from that point.
    This is purely my opinion and does not constitute legal advice.

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