I94 and H1-B Expires, Valid I797

[madhusudhan820]

Hi All,

My Visa is valid upto October 2011 and is on YYYY company. Last year (July 2010) I moved to YYY company. I recently visited India and came back without attending VISA and my visa stamp is still on YYYY company. My I94 will expire on Sep 2011. Considering this am I legal to stay in US after Sep 2011? If not what are my options? I appreciate your time. Thanks a lot.

Regards,
Madhu.

[shervin143]

Your I-94 will decide your legal stay in the country. Your employer will need to file an extension before the current I-94 expires (Extension of status can be filed 6 months prior to the I-94 expiry date). The extension will come with a new I-94 and yu can continue to stay and work until the expiry date mentioned in the new I-94 card. The time spend in U.S without a valid I-94 is considered illegal stay.

[madhusudhan820]

Your I-94 will decide your legal stay in the country. Your employer will need to file an extension before the current I-94 expires (Extension of status can be filed 6 months prior to the I-94 expiry date). The extension will come with a new I-94 and yu can continue to stay and work until the expiry date mentioned in the new I-94 card. The time spend in U.S without a valid I-94 is considered illegal stay.

Hi shervin143,

Can you guide me how can I apply for an extension? Do I need to travel out of US and re-enter with the new I94 or can I do it without going out?

Thanks,
Madhu

[kabkaba]

Your employer will need to file the extension.

[shervin143]

Did you read the previous reply? It is already mentioned that extension of status can be filed when you are inside U.S by your employer (You cannot file the extension on your own). The extension will come with a new I-94 card, which will allow you to stay beyond the current term. To go out of the country and return back, you will still need a valid petition, passport and a visa. The I-94 at the POE will be issued only till the expiry date of the petition.

Hi shervin143,

Can you guide me how can I apply for an extension? Do I need to travel out of US and re-enter with the new I94 or can I do it without going out?

Thanks,
Madhu