H1B Extension Without i94

[jnypklm]

Hi All,
My H1B and i94 was valid only till Sept 30th 2016.I got my approval for my i129 petition till 2018. However, I checked my i94 online and it still says Admit Till Sept 30 2016.

1. Does this happen? what is the reason for the same?


Meanwhile, I have got an job offer from a company, and will receive the receipt number in few days.

2. Is there any risk on my legal status taking that offer and working for the company?

[raghvi]

Hi All,
My H1B and i94 was valid only till Sept 30th 2016.I got my approval for my i129 petition till 2018. However, I checked my i94 online and it still says Admit Till Sept 30 2016.

1. Does this happen? what is the reason for the same?


Meanwhile, I have got an job offer from a company, and will receive the receipt number in few days.

2. Is there any risk on my legal status taking that offer and working for the company?

1. Yes, because CBP and USCIS do not share the same database.
2. No issues, but advisable to start working for them only after getting approval notice.

This is my opinion not legal advice.

[jnypklm]

Reply

Thanks @Raghvi for an extremely prompt answer.


1. Should I be worried about them not updating i94?
2. Just curious, why would you say it is advisable. What is the worst and the second to worst case scenario that can happen?

[raghvi]

Thanks @Raghvi for an extremely prompt answer.


1. Should I be worried about them not updating i94?
2. Just curious, why would you say it is advisable. What is the worst and the second to worst case scenario that can happen?

1. It should be fine.
2. Worst case, you join them and later the petition gets rejected, you will go out of status and have to leave US. Second worst scenario, your H1 gets approved as consular process and you have to leave US and re enter.

This is my opinion not legal advice.

[jnypklm]

Reply

@Raghvi, feels like u've prepared the answers before hand you are ahead of me in replying



One last question if you don't mind.

2. In the 2nd worst case, if I want to re-enter I can get it stamped from home country an re-enter, Am I correct?








PS: What is counslar process? [oops that makes it 2 questions]

[newacct]

If your H1b petition extension was approved, then attached to that approval notice should be your new (paper) I-94, indicating your H1b status and new period of admission. This supersedes any previous (electronic or paper) I-94 you have gotten. You are currently in H1b status like anyone else in H1b status, and you can try to transfer to a new company like anyone else in H1b status.