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h4 to H1 while my I-94 is expiring

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  • h4 to H1 while my I-94 is expiring

    Hi everybody...Please help me with this situation..My I-94 expires this july.I have H4 permit until Jan 2009.My Husband will be leaving this country and returning by this June.Then he will have a new I-94 with jan 2009 as expiry.My concern is I applied for Change of status this april 2008.
    My questions are:
    1.should I apply for an extension of my I-94.
    2.what happens if my H1 gets approved after I get a new I-94.Do I have to goto India.
    3.what happens if I apply for a new I-94 extension and I get H1 approval while the extension is in process.
    In any of the above cases do I have to goto India.

    4.I have recently been to India .I don't want to goto India again for H1 stamping..Please help me with this.
    your responses are greatly appreciated.


    thanks
    riya

  • #2
    Your latest I-94 governs the validity of your stay. If your latest I-94 expires in July, you should apply for an extension. Your COS will likely have an issue because your H4 status does not remain active till Oct 1st assuming a new H1.

    You should apply for an H4 extension and be aware of the Last Action Rule if indeed your COS is approved based on a pending extension.

    Your questions are kind of not well phrased.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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