I-94 extension

[kanty]

Hello.

I need your input on the following issue:

My H-1B visa stamp, I-94 and I-797/approval notice expire on 06/30/09. I am working with my employer to extend the I-797 for one more year (i.e. until 06/30/2010). I have to travel to India during May' 09 for personal reasons. My question is will the visa officer at the port-of-entry extend my I-94 validity upon re-entry to US if I have the extended I-797 in hand? Please let me know.

If the visa officer does not extend, then I will be in a situation to leave the US again after 06/30/09, and this is not something I want.

Any help will be much appreciated.

Many Thanks.

[Subramanya]

My H-1B visa stamp, I-94 and I-797/approval notice expire on 06/30/09. I am working with my employer to extend the I-797 for one more year (i.e. until 06/30/2010). I have to travel to India during May' 09 for personal reasons. My question is will the visa officer at the port-of-entry extend my I-94 validity upon re-entry to US if I have the extended I-797 in hand? Please let me know.

---- If you have your I-797 (H1 approval petition) inhand while you travel back to US with a valid visa in your Passport, you will be issued a I-94 at the POE based on the validity date of your H1 petition. There is no extension of I-94 in this case

If the visa officer does not extend, then I will be in a situation to leave the US again after 06/30/09, and this is not something I want.

---- This will be decided at the POE based on I-797

Subramanya

[kanty]

Thank you very much for your reply Subramanya. As I mentioned in my first post, my current approval notice is valid until 06/30/2009. Going by your comment, is it fair to assume that if I have in hand (before I travel) the extended approval notice valid upto 06/30/2010, the visa officer at POE will extend the validity of my I-94 to 06/30/2010?

[Subramanya]

As I mentioned in my first post, my current approval notice is valid until 06/30/2009. Going by your comment, is it fair to assume that if I have in hand (before I travel) the extended approval notice valid upto 06/30/2010, the visa officer at POE will extend the validity of my I-94 to 06/30/2010?

---- In all probability they should. may be even 10 more days as tsome IO's generally do

Subramanya

[chmurthy]

I94 extension from a port of entry (POE)

I live in San Jose,CA. I am here on H1 visa. My I94 is valid until April 2009. But I have 2 more years of valid H1. Now I am planning to extend my I94 from a port of entry (POE). Any suggestions on this. Can I actually do this. Where to go. Any difficulties to handle. Any important do's and dont's to remember carefully.

Thanks a lot for reading. Please respond if you can help me.