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H1 Visa expriry with Approved H1 Extension - confused

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  • H1 Visa expriry with Approved H1 Extension - confused

    Hello All,

    Am new to this forum.

    I have a H1 visa that is valid till Jun 30th 2014. Meanwhile my company has applied for H1 Extn and I got my approved i-797A with validity till Jun 2016. The approved i-797A has a reference to the existing i-94 number in it.

    One of my client is visiting our mexico office and I need to accompany him on the first week of June and return before June 10th. My questions are :

    1) Do I need to get a Visa stamped in Mexico before entering US ? or
    2) Can I directly travel back to US and provide the i-797A document at port of entry for an extended i-94 date (current i-94 date is till June 30)
    One of my colleague was saying that if the officer stamps Jun 30th again as the i-94 date, my h1 extn is no longer valid and I may have to leave US by Jun 30th. It also meant that I need to apply for a h1 extn again.
    3) Hope that the officer stamps the i-94 date as the new H1 extn date in i-797A

    Am slightly confused and worried as I don't myself to be stranded somewhere leaving my family in US. Also I have seen not so good comments of getting a visa interview in Mexico. Any of your expert advice would really give me some clarity. Happy to provide additional info as required.

    Thanks,
    SATUSER

  • #2
    Originally posted by SATUSER View Post
    Hello All,

    Am new to this forum.

    I have a H1 visa that is valid till Jun 30th 2014. Meanwhile my company has applied for H1 Extn and I got my approved i-797A with validity till Jun 2016. The approved i-797A has a reference to the existing i-94 number in it.

    One of my client is visiting our mexico office and I need to accompany him on the first week of June and return before June 10th. My questions are :

    1) Do I need to get a Visa stamped in Mexico before entering US ? or
    2) Can I directly travel back to US and provide the i-797A document at port of entry for an extended i-94 date (current i-94 date is till June 30)
    One of my colleague was saying that if the officer stamps Jun 30th again as the i-94 date, my h1 extn is no longer valid and I may have to leave US by Jun 30th. It also meant that I need to apply for a h1 extn again.
    3) Hope that the officer stamps the i-94 date as the new H1 extn date in i-797A

    Am slightly confused and worried as I don't myself to be stranded somewhere leaving my family in US. Also I have seen not so good comments of getting a visa interview in Mexico. Any of your expert advice would really give me some clarity. Happy to provide additional info as required.

    Thanks,
    SATUSER
    Though you can request the officer at the port of entry to grant you I-94 as per you latest petition but there is no guarantee they will comply. If he/she gives I-94 only till 30-Jun-2014 then yes, you would have to apply for extension again after returning.

    If you want to be sure of getting I-94 till 2016 then the only option is to go for visa stamping and get H1 valid till 2016.

    This is my opinion not legal advice.
    Last edited by raghvi; 05-17-2014, 06:11 PM.

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