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Extension of H-1b

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  • Extension of H-1b

    Hi,

    Two years ago my employer got my H-1b approved for 3 years. I obtained a visa stamp for three years too. Let's assume, for the sake of example, that such date is Dec-2014

    Last year I changed employers, and the new employer transferred the H-1b, but only applied for 1 year. The I-797 I got had an expiration accordingly. Assume that date is March-2013.

    My employer was going to apply for a renewal this month. However, I traveled overseas and when I got back the officer did not see my I-797, and put on the I-94 card the expiration date of my status as Dec-2014

    I still need to apply for the extension, correct?

    I am worried that if I travel overseas on, say June 2013 (way after the I-797 expiration), when I try to come back, the only document I will have will be the visa stamp (still valid) and the I-797 which at that time would be already expired (March 2013).

    What do I need to do???

  • #2
    Yes, your employer needs to extend the petition. The I-94 was incorrectly given.
    This is my opinion and not legal advice.

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