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  • Question regarding I-94 extension

    Hi,

    I went to India in Aug 2012 and I got my H1 visa stamped with an expiration date of Jan 2015 but when I entered in the USA, they gave me I-94 date of June 2013. This is because my passport was expiring in July 2013. I have got a new passport now and my employer is planning to file for H1-extension so that I can get a new/extended I-94 but my question is - if for some reason they don't extend my H1 and send RFE on the petition, then would I still have the option of leaving and entering the USA to get a new I-94 (because my visa is valid till Jan 2015.)

    Thanks in advance for your suggestions.

  • #2
    Originally posted by gjainnk View Post
    Hi,

    I went to India in Aug 2012 and I got my H1 visa stamped with an expiration date of Jan 2015 but when I entered in the USA, they gave me I-94 date of June 2013. This is because my passport was expiring in July 2013. I have got a new passport now and my employer is planning to file for H1-extension so that I can get a new/extended I-94 but my question is - if for some reason they don't extend my H1 and send RFE on the petition, then would I still have the option of leaving and entering the USA to get a new I-94 (because my visa is valid till Jan 2015.)

    Thanks in advance for your suggestions.
    If the previous petition is not revoked, you can still use that.
    This is my opinion and not legal advice.

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