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How to extend I-94 if visa stamp is expired

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  • How to extend I-94 if visa stamp is expired

    Hello Folks,

    Need pointers on the below scenario. Appreciate your inputs here.

    Original H1B with approved I797: Valid till Feb 2020
    H1B amendment for Client and Location change : Filed in July 2017, USCIS issued RFE in May 2019. Currently RFE response is with USCIS under normal processing(Filed in July 2019).
    I-94 Expiry date after recent port of entry : October 2019(Due to passport expiry, it would have been Feb 2020 otherwise. Now passport has been renewed)
    Visa Stamped on Passport: Previous employer visa - already expired(first week of August 2019)

    What steps need to be taken in this case to extend the stay(I-94) since going out of the country is not an option?

    Does the amendment approval override the current I797 validity of Feb 2020 and is it safe to continue till Feb 2020 if the amendment approval is pending even after I-94 expiry?
    Is it necessary to file extension (beyond Feb 2020) before current I-94 expiry of Oct 2019 or it could be filed before the current petition expiry(Feb 2020)?

    Please help clarify and suggest on the next steps.


  • #2
    Since you entered after the amendment approval, it's the I-94 from entry that counts. You are only in status until October 2019. You will need to either leave the US and re-enter with an H1b visa, or your company will need to file another I-129 H1b petition extension for you, requesting extension of status.

    This is my personal opinion and is not to be construed as legal advice.