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Will I-94 get renewed with new H1B extension

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  • Will I-94 get renewed with new H1B extension

    Hi all,

    I am on H1b and have valid visa stamping till Mar 25, 2014. Recently, I have visited India and returned on Feb 10, 2014. I have a I-94 expiry till Mar 25, 2014.

    Before going to India, I have applied for H1B extension. I have got approval on Feb 14, 2014, which is after my USA arrival. New 797 is valid from Mar 25, 2014 to Mar 24, 2017.

    1. will my I-94 get renewed automatically? OR
    2. Do I need to go out of country before my I-94 expires and return on new 797?
    3. Can I stay in the country till April end and then go to visa stamping?

    Please suggest.

  • #2
    Will I-94 get renewed with new H1B extension

    Did you get I 94 attach in the I 797 approval (probably no)

    If not, You should have not traveled while the extension petition was pending for the decision. Your travel has broken the extension petition. I 94 expiry date is the allowed date to stay in the US. Now you need to go out of country to get a new visa based on your new approved petition and it would help to get a New I94.

    Act fast and do not delay anymore. Best wishes!!

    This is my opinion.

    Comment


    • #3
      received i94

      Thank you for the response. i94 is attached with my new h1b extension which is valid from march 25 2014 to march 24 2017. As I got i94 with 797, I don't need to travel out of country right?

      Comment


      • #4
        Yes, you dont need to travel. But if at all you do travel you would need to go for stamping.

        This is my opinion not legal advice.

        Comment


        • #5
          Thank you raghvi

          Comment


          • #6
            same question is with me

            Originally posted by holymary111 View Post
            Thank you raghvi
            hi , My friend's H1 Visa is expiring on 31st Dec. 2015 . He is currently in Minneapolis and holding Indian Passport. He has already applied for H1 extension in August 2015 . Now we are planning for a travel mexico in Dec last week . so my questions are -

            1. while coming back to Minneapolis from Mexico will it be a problem in immigration if the US visa is expiring within 10 days of return ?
            2. since my friend will be doing immigration in USA once again so a new I94 will be issued will it cause any issue in H1 extension which is currently in process
            3. Is it safe to travel outside US and come to US with H1 extension is in progress and Visa about to expire to expire within 10 days after returning to US ?

            Comment


            • #7
              Originally posted by Sujoy Roy View Post
              hi , My friend's H1 Visa is expiring on 31st Dec. 2015 . He is currently in Minneapolis and holding Indian Passport. He has already applied for H1 extension in August 2015 . Now we are planning for a travel mexico in Dec last week . so my questions are -

              1. while coming back to Minneapolis from Mexico will it be a problem in immigration if the US visa is expiring within 10 days of return ? -- No it should not be a problem. He will have the extension by then anyway.
              2. since my friend will be doing immigration in USA once again so a new I94 will be issued will it cause any issue in H1 extension which is currently in process -- If you stay in Mexico for less than 30 days, new I-94 will not be issued.
              3. Is it safe to travel outside US and come to US with H1 extension is in progress and Visa about to expire to expire within 10 days after returning to US ? -- That's fine. Only Mexico, Canada is okay. You should not travel to other countries.
              See above.
              This is my opinion and not legal advice.

              Comment


              • #8
                Have a valid H1B extn until April 2018; but I-94 expires on 02/13/2016

                I entered US on March 07, 2015 with a visa stamping valid until 29th Oct 2017.
                My old ppt was valid until 7 Feb 2015 and me new ppt is valid until May 2024.

                I'm not sure which ppt the immigration officer looked at. Probably it was my mistake that I showed both.
                He issued me an I-94 with validity only until 13 Feb 2016.

                However, in 2015, I changed jobs. So my new employer filed a petition in September and I got a I797 approval until April 2018.
                When they filed this transfer and extension, they had produced the most recent I-94 too.

                Does this new I-797 override the I-94 validity expiring in Feb 2016?
                Or should I file for extension of stay or go out of the US and come back with new stamping and I-94?

                Appreciate your help.

                Thanks.

                Comment


                • #9
                  Hi

                  I am also in the same position, can you please let me know what did you do i.e. whether any action required on below.


                  Originally posted by archanak View Post
                  I entered US on March 07, 2015 with a visa stamping valid until 29th Oct 2017.
                  My old ppt was valid until 7 Feb 2015 and me new ppt is valid until May 2024.

                  I'm not sure which ppt the immigration officer looked at. Probably it was my mistake that I showed both.
                  He issued me an I-94 with validity only until 13 Feb 2016.

                  However, in 2015, I changed jobs. So my new employer filed a petition in September and I got a I797 approval until April 2018.
                  When they filed this transfer and extension, they had produced the most recent I-94 too.

                  Does this new I-797 override the I-94 validity expiring in Feb 2016?
                  Or should I file for extension of stay or go out of the US and come back with new stamping and I-94?

                  Appreciate your help.

                  Thanks.

                  Comment


                  • #10
                    Originally posted by jkatakam View Post
                    Hi

                    I am also in the same position, can you please let me know what did you do i.e. whether any action required on below.


                    to jkatakam


                    i am in same situation..can you please tell me what you did

                    Comment


                    • #11
                      New Passport, with valid Visa and Petition

                      Hi All,

                      My Passport was expiring so last year immigration officer gave my I-94 till my passport expiry date.
                      I got new passport, have valid Visa and petitions which is good through next year.

                      Please suggest how to extend my I-94 without any issues.

                      Thanks

                      Comment

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