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Extension of I 94 for H1B visa

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  • Extension of I 94 for H1B visa

    Hi,

    I went to India for vacation and returned in May 2016 and got my I94 till July 2017. But I have a valid H1B visa/Petition till May 2018. The immigration officer gave I94 validity till July 2017 because my passport is going to expire by that time.

    I will renew my passport within this month. How can I extend the I94 validity? Should I go out of USA and return back? I cannot travel to India and come back. Is there any other way? Will my I94 be extended if i go to Canada and come back or any other options available?

    Please help.

    Thank you.

  • #2
    Originally posted by newuser_86 View Post
    Hi,

    I went to India for vacation and returned in May 2016 and got my I94 till July 2017. But I have a valid H1B visa/Petition till May 2018. The immigration officer gave I94 validity till July 2017 because my passport is going to expire by that time.

    I will renew my passport within this month. How can I extend the I94 validity? Should I go out of USA and return back? I cannot travel to India and come back. Is there any other way? Will my I94 be extended if i go to Canada and come back or any other options available?

    Please help.

    Thank you.
    1. First try going to nearest CBP office. Sometimes they oblige.
    2. File I539 and I129 this can take 2-4 months under normal processing time.
    3. Leave US and re enter. I don't think going to Canada by road will get you a new I94.

    If you leave US and re enter, there ia high likelihood of getting I94 only till visa expiry date rather than I797 date.

    This is my opinion not legal advice.

    Comment


    • #3
      Extension of I 94 for H1B visa

      Originally posted by raghvi View Post
      1. First try going to nearest CBP office. Sometimes they oblige.
      2. File I539 and I129 this can take 2-4 months under normal processing time.
      3. Leave US and re enter. I don't think going to Canada by road will get you a new I94.

      If you leave US and re enter, there ia high likelihood of getting I94 only till visa expiry date rather than I797 date.

      This is my opinion not legal advice.
      A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure. When you entered the country on a nonimmigrant visa, a U.S. immigration inspector should have examined your passport and visa and then given you (or placed in your passport) an I-94 Form (Arrival-Departure Record, Form I-94 Card). It is this I-94 Form and not your visa that tells you, in the lower right-hand corner, when you must leave the United States.

      You can prove you did not violate U.S. laws by turning in your I-94 Form to the proper authorities when you leave the country. If you want to extend your visa status (I-94 Form) in the United States, then you must ask for permission from the U.S. Citizenship and Immigration Services (USCIS) before your authorized stay (I-94 Form) expires. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. If you break immigration laws, you may also become subject to removal (deportation).

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      • #4
        Hi,

        Thank you for your response. So you are saying that, i can check with CBP office whether they can extend my I94 without exiting the country?

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