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i94 not received with H1 Visa Extension form i797

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  • i94 not received with H1 Visa Extension form i797

    Hi,

    I recently received my H1 VISA extension till Dec 2017, but without i94. My lawyer has filed i94 request immediately. But my earlier i94 is going to expire within 5 days from now. So is it legal for me to stay and work in US until I receive my new i94?
    Series of instances:
    1. H1 VISA extension approved till Dec 2017
    2. Earlier i94 will be expired within 5 days from now.
    3. New i94 not received along with VISA extension.
    4. Employer filed a request for i94, waiting to hear back from USCIS.
    Am I legally allowed to stay and work in US beyond my existing i94 expiry date and until new i94 is not received?
    I am really concerned with this issue.


    Regards,
    AshishM

  • #2
    Originally posted by AshishMote View Post
    Hi,

    I recently received my H1 VISA extension till Dec 2017, but without i94. My lawyer has filed i94 request immediately. But my earlier i94 is going to expire within 5 days from now. So is it legal for me to stay and work in US until I receive my new i94?
    Series of instances:
    1. H1 VISA extension approved till Dec 2017
    2. Earlier i94 will be expired within 5 days from now.
    3. New i94 not received along with VISA extension.
    4. Employer filed a request for i94, waiting to hear back from USCIS.
    Am I legally allowed to stay and work in US beyond my existing i94 expiry date and until new i94 is not received?
    I am really concerned with this issue.


    Regards,
    AshishM
    The part missing is did the lawyer forget to file it as extension or did USCIS itself forget to give an extended I-94 or purposefully denied an extended I-94 and asked to go for stamping and return ?

    This is my opinion not legal advice.

    Comment


    • #3
      i94 not received with extension approval

      Originally posted by raghvi View Post
      The part missing is did the lawyer forget to file it as extension or did USCIS itself forget to give an extended I-94 or purposefully denied an extended I-94 and asked to go for stamping and return ?

      This is my opinion not legal advice.

      Thanks for reply raghvi.
      I checked with lawyer and he has confirmed that i94 request was also filed along with H1 VISA extension.
      It is a miss from USCIS. So lawyer has raised a new service request to get new i94.
      There is no information on denial of i94 received from USCIS. I think it is just the miss.

      Comment


      • #4
        Originally posted by AshishMote View Post
        Thanks for reply raghvi.
        I checked with lawyer and he has confirmed that i94 request was also filed along with H1 VISA extension.
        It is a miss from USCIS. So lawyer has raised a new service request to get new i94.
        There is no information on denial of i94 received from USCIS. I think it is just the miss.
        If it is genuine USCIS mistake they may correct it.

        This is my opinion not legal advice.

        Comment

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