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H1b petition expiry date and visa expiration date

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  • H1b petition expiry date and visa expiration date

    Hi,

    I am on H1B visa. My Visa Expiration date and Petition EXpiration date is both on 29th Jan 2016.

    To stay beyond 29th Jan 2016 in the US , what are the actions which has to be taken?
    Can it be extended while staying at US or should I need to return to home country?

  • #2
    Originally posted by aditithakur View Post
    Hi,

    I am on H1B visa. My Visa Expiration date and Petition EXpiration date is both on 29th Jan 2016.

    To stay beyond 29th Jan 2016 in the US , what are the actions which has to be taken?
    Can it be extended while staying at US or should I need to return to home country?
    Visa expiry, I797 expiry, and I94 expiry are three different things.Assuming I-94 is also expiring 29-Jan-2016,

    In order to stay and work in US beyond 29-Jan-2016, your H1 employer would have to file an extension using I129. The approval of the same should result in a new I797. If extension of stay is also approved along with the extension of petition then the lower portion of I797 would have a new I-94, if petition is approved but extension of stay denied you would have to leave US and go to a US consulate outside US and get your self a new H1 visa in the passport.

    In order to leave US and re enter after 29-Jan-2016, you need to get yourself a new visa in the passport. You can get that by using the above described I797 to schedule the visa appointment at a Us consulate outside US.

    Bottom line, first thing would be to ask your employer to file for H1 extension.

    This is my opinion not legal advice.

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    • #3
      And extension can be filed anytime within 6 months from your I-94 expiry date. Filing the extension early is advisable.
      Not a legal advice. Use of this information is strictly at your own risk.

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