I94 extension

[Partheebans]

Hi,

I have a question regarding my I94 extension.

I am planning to go to india in august 08 and comeback by 1st week of sep 08.
My visa is expiring by Oct 08 , but i have a valid H1 petition till Apr-2009.

Questions :
1. Will it be a problem if i enter USA just few weeks before my visa expiry date.

2. Will the Port of entry officer allow me to enter the country and what will be my I94 expiry date?

3. If i get a I94 expiry date as Oct-2009, can i apply for extension as soon i enter the country in Sep 08?

Please advise.

Regards,
Parthee

[C4us]

You may enter until the last day of your visa.

Your I-94 date will not be later than your petition expiration date. Why did you think you would get Oct 2009?

When your extension is approved, you will get new I-94.

[Partheebans]

Sorry i meant the expiry date as Oct-2008.
because if the officer gives me the expiry date based on my visa date which is oct-2008.

That's why my worry.

[C4us]

Your I-94 date should match your petition date not your visa date.

[Partheebans]

Thanks for your reply.
If in case i get my I94 date as Oct-2008 (visa expiry date), then will it be legal to apply for extension as soon as i entered the country in Sep 2008.

I am raising this question because last time when i entered the country i got the I94 date as my visa expiry date.

[txh1b]

Thanks for your reply.
If in case i get my I94 date as Oct-2008 (visa expiry date), then will it be legal to apply for extension as soon as i entered the country in Sep 2008.

I am raising this question because last time when i entered the country i got the I94 date as my visa expiry date.

Your I797 validity date is till when you are authorized to work. Any work beyond that even if you have a valid I-94 is considered illegal according to a famous lawfirm.

If your I797 expires is Sep 08 and visa in Oct 08, the I-94 should be given till Sep 08. Even if granted till Oct 08, your authorization to work for that employer expires the last date of the I797 validity.

Your extension has to be filed by the earliest date of expiry of the I797 or the I-94 expiration dates.

[sundar_m77]

Thanks for your reply.
I am raising this question because last time when i entered the country i got the I94 date as my visa expiry date.

In the port of entry, you should show your I-797 form. Only then you'll be given the I-94 date till petition expiry date, else by default it'll be visa expiry date.

[sankar1969]

You can show your new approved petition while you are entering to get I-94 validity upto the new petition validity period as long as you do not have different employer on re-newed petition.

-Sankar

[txh1b]

as long as you do not have different employer on re-newed petition.

What do you mean by this?

[enigmatic10me]

You can show your new approved petition while you are entering to get I-94 validity upto the new petition validity period as long as you do not have different employer on re-newed petition.

-Sankar

What do you mean by new employer or old employer???? Everytime at POE we have to show the latest I-797 to get I-94 date MATCHING the expiration of the latest I-797.