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  • H1B Expiration Date

    Hi there:

    I have a question on H-1B Expiration Date. Is the expiration date on I-797A an accurate date?

    Here is my situation. I worked for Company A in 2008, the employer filed a H-1B petition on my behalf. The petition was approved for Oct 1, 2008 to Mar 10, 2011. This is my first ever H-1B petition. In 2009, I changed my employer to Company B, who filed a H-1B transfer petition and it was approved (as printed on I-797A) for Sep 14, 2009 to Aug 30, 2012.

    I always thought that I would need to file for an extension this year (starting in April) because my first three-year of H-1B runs out on Oct 1, 2011. But, the paralegal at Company B's lawyer's office told me (with very vague and ambiguous language) that I may not need to file for an extension until next year (i.e., 2012). Is she correct? Do I really need not to do anything this year? I'm afraid she is wrong and I'd run into a huge trouble if I don't file for an extension this year. Thank you very much for your kind instruction in advance!

    A concerned H-1B holder...

  • #2
    The lawyer is right. You need to file the extension only when your I-94 is about to expire. Extension of status can be filed only 6 months prior to the I-94 expiry date. When is your latest I-94 (The one that is associated with your current H1B status) expiring?
    Last edited by shervin143; 04-28-2011, 03:19 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      The date on the I-94 (comes with the last I-797A) is
      "VALID FROM 09/14/2009 UNTIL 08/30/2012".

      So, I'm fine for this year? Thank you so very much for your prompt and kind reply!

      Originally posted by shervin143 View Post
      The lawyer is right. You need to file the extension only when your I-94 is about to expire. Extension of status can be filed only 6 months prior to the I-94 expiry date. When is your latest I-94 (The one that is associated with your current H1B status) expiring?

      Comment


      • #4
        The best time to file your extension is March 2012.

        Originally posted by andrewlee View Post
        The date on the I-94 (comes with the last I-797A) is
        "VALID FROM 09/14/2009 UNTIL 08/30/2012".

        So, I'm fine for this year? Thank you so very much for your prompt and kind reply!
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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