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  • Query on H1 Extension

    Hi,

    One of my friend's Visa is getting expired on July 10th and his company has already applied for extension (March 21st) and he has now received the receipt but still to get his approved petition. Now he needs to go to india for his marriage (Jun 5th - Jun 30th). Appreciate ur response on following queries

    Is stamping needed again for him or can he travel back with the already stamped visa valid till Jul 10th. ?
    Wat if he doesnt get his petition approved before his travel ?
    Will the exiting Petition get void on applying a extension ?
    As per his office, he is not supposed to travel back without getting the new petition. Is that true ?
    Pls. suggest on how needs to go about. Thanks in Advance !

  • #2
    An extension can go on fine even if you travel out of the U.S. A visa can be used as long as it is valid.

    Now, this Last Action Rule is some animal that comes up repeatedly.

    Txh1b,

    What is the Last Action Date on an extension approval?

    For Instance…

    If my H1 (petition and visa) expires Oct 1st, 2008 and I applied for a timely extension NOW and I got the extension approved in Aug 15 2008, the last action date for the H1 extension will be Oct 1st, 2008 (the effective date of the extended petition). Correct?

    In this case, if I went out on Aug 1st and came back with a visa and the OLD I-797 on Sept 1st, Am I safe? I want to say I am if I am correct above.

    This is just an extension of the cloning discussion we had, I think.

    I know it’s been a long day for me and I may be completely off on this analysis.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

    Comment


    • #3
      Let him upgrade to PP if not done so.

      He needs a valid petition to return back to get the I-94 to the entire period of his stay.
      He can still enter using AC21 rules.
      No
      True in the best interest.

      Read this thread.
      http://www.immihelp.com/forum/showthread.php?t=40801

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Originally posted by DMX17
        If my H1 (petition and visa) expires Oct 1st, 2008 and I applied for a timely extension NOW and I got the extension approved in Aug 15 2008, the last action date for the H1 extension will be Oct 1st, 2008 (the effective date of the extended petition). Correct?

        In this case, if I went out on Aug 1st and came back with a visa and the OLD I-797 on Sept 1st, Am I safe? I want to say I am if I am correct above.
        If the petition is already approved, you need to enter with the NEW I797 otherwise, it would require the filing of another extension by the date of expiry of the I94 received at the POE.

        The cloning thread deals with entry before the petition gets approved from my understanding.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by txh1b
          If the petition is already approved, you need to enter with the NEW I797 otherwise, it would require the filing of another extension by the date of expiry of the I94 received at the POE.
          .
          Let's say I don't know if the petition has been approved and I re-enter using the old one. I get an I-94 valid till Oct 1, 2008 based on my old I-797. My new I-94 that I got on Aug 15 with the extension approval is valid from Oct 1st 2008 to Sept 30th 2011. Shouldn't this new I-94 take effect on the date specified? I mean, to me, this procedure keeps everything consitent, you know.

          I-94 with same number as before? Who cares?

          Why does it matter if I re-enter before the extension approval or after?
          Last edited by DMX17; 05-05-2008, 05:55 PM.
          Check out H1 FAQs first!
          http://www.immihelp.com/visas/h1b/h1-visa-faq.html

          Comment


          • #6
            Originally posted by DMX17
            Let's say I don't know if the petition has been approved and I re-enter using the old one. I get an I-94 valid till Oct 1, 2008 based on my old I-797. My new I-94 that I got on Aug 15 with the extension approval is valid from Oct 1st 2008 to Sept 30th 2011. Shouldn't this new I-94 take effect on the date specified? I mean, to me, this procedure keeps everything consitent, you know.

            I-94 with same number as before? Who cares?
            No, it would not as it is not a COS. You are partly applying COS rules to EOS. It would be good if the COS was approved before the person left in case of a COS.

            In EOS case, there is no last action rule/Efren Hernandez memo. The last action is based on your entry I-94 in terms of status and the expiry date as well.

            Remember the dude from the other forum that had trouble because of this and the attorneys made him file a new H1b extension upon returning from travel and he was venting over it.

            Why does it matter if I re-enter before the extension approval or after?

            It matters because the second I-94 overules the first one in a normal scenario. If you come up with a special cloning memo, may be, I will change my opinion on this. :-)If this was not required, one could always enter by using the old I797 everytime without a problem and continue working past his I-94 expiration which is not true, right?

            There wouldn't be any significance of the white I-94 from POE anymore if that were the case.
            Last edited by txh1b; 05-05-2008, 06:09 PM.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              Originally posted by DMX17
              I mean, to me, this procedure keeps everything consitent, you know.
              Agreed. This is the plot for not allowing people like me and you from becoming immigration attorneys and keeping things complicated.
              USCIS and consistent rules, wouldn't that take the food off the plate of many immigration attorneys?

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment


              • #8
                Originally posted by txh1b
                Remember the dude from the other forum that had trouble because of this and the attorneys made him file a new H1b extension upon returning from travel and he was venting over it.
                There was another case where I "gave consultation" to a girl. That is what is confusing me. The take-home message (vaguely) was that the Last Action Date is the effective date which was after the re-entry date. And, there was no gap issues. If I remember correctly, there were mixed answers.

                Originally posted by txh1b
                It matters because the second I-94 overules the first one in a normal scenario. If you come up with a special cloning memo, may be, I will change my opinion on this. :-)If this was not required, one could always enter on using the old I797 everything without a problem and continue working past his I-94 expiration which is not true, right?
                I guess I need to start writing that Memo. I will call it the DMX's Last Last Action Rule.
                Last edited by DMX17; 05-05-2008, 06:10 PM.
                Check out H1 FAQs first!
                http://www.immihelp.com/visas/h1b/h1-visa-faq.html

                Comment


                • #9
                  H1b Extension filed in April 2008

                  Hello Friends I need your help. I filed my extension in April 2008 for the first time.
                  my visa got expired on Oct 10 2008. My driving License will expire on 10th Jan 2009. I haven't got my extension approval yet.
                  Is there any way I can renew my driving License. I want to travel India in Feb 2009 is there any hope to get my approval??
                  What is procedure to get appointment in mumbai consulate?
                  What docuements are required?

                  Thanks very much in advance.

                  Comment

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