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Need to file H1B extension, but misplaced latest I-94 card. What is my option?

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  • Need to file H1B extension, but misplaced latest I-94 card. What is my option?

    My current H1B will expire on 09/2009. I have been in/out USA many times. I need to file H1B extension, but my latest I-94 card is misplaced somewhere. I did write the number in my PDA.

    Note: I'm not out of status and also have I-797 with old I-94 attached and valid until 9/2009.

    My question:
    Is it ok to file extension without physical copy of I-94 providing that I know the number + last entry date?

    I am assuming USCIS should be able to validate this number in their system, but I'm afraid that it is not their burden to check and will just reject my petition due to lack of I-94 physical copy? If so, can I refile?

  • #2
    Apply for a replacement copy of I-94 first. Travel outside, retain all travel documents proving that you did and return to get a new I-94, apply for extension.

    Once you find the I-94/get the replacement, send it to the London, Kentucky address with proof of travel for them to close the departure record.

    Look up form I-102 on USCIS.
    Last edited by txh1b; 07-06-2009, 04:42 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.

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    • #3
      Filing I-102 is not an option for me as it takes a while. Is there any case where extension got approved w/o physical I-94 copy? I have the number and entry date in my hand. Let me know if somebody can share some experience.

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      • #4
        Apply for extension without the I-94.
        Also apply for replacement right away.
        This is my opinion and not legal advice.

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