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I-94 valid till Oct7th & H1b till 28th sept 2010

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  • I-94 valid till Oct7th & H1b till 28th sept 2010

    Hi,

    I entered US on 10th sept 2010 when my H1B expiring ons 28th Sept 2010 and they issued me I-94 till Oct 7th 2010. My employer says they will apply for extension with the project and other details. They don't want to apply in premium because i don't have pay stubs as of now. They are saying if applied in regular way an RFE might come by then we should be able to provide all the documents.

    I am worried whether i can stay beyond I-94 date without extension approved in hand. Can anyone share if they have some idea how to go ahead.

    Thanks,
    Sreenivas

  • #2
    You can stay beyond the I-94 date if extension petition is received by the USCIS before that date.
    You can work beyond the petition end date if extension petition is received by the USCIS before that date. And also you must work and get paid in order to maintain H1 status while in the US.
    This is my opinion and not legal advice.

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    • #3
      Hi OP,

      If your H1 Visa (on the passport) is expiring on 28th SEP '10 and I-94 is till OCT-07-2010, then your extension application should reach to USCIS before 07-OCT-10.

      But If your H1 work Petition (I-797) is also expiring on 28th SEP-10 , then I will suggest that your application should reach to USCIS before that i.e. 28SEP10

      Thanks and Regards,
      Abhay

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