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Extension of I 94 based on H1 petition after passport renewal

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  • Extension of I 94 based on H1 petition after passport renewal


    I have a valid approved H1 B petition till June 2013. But when i entered US last year I was given an I94 only till November 2011 as my passport expiry date was November 2011. I recently had my passport renewed in NY Indian consulate. How do i get my I94 date extended without having to go to India for stamping? My visa in passport has already expired in July 2011.

    I initially attempted to seek information from local USCIS office and they asked me to go to CBP office in JFK airport. I went to CBP office in JFK airport and they said they correcto nly I94 errors and this is not an error. They asked me to file I539 with USCIS. When I look for information regarding I 539, it does not have anything related to H1B. Is this a right procedure to file I 539 for this situation? If yes, do you know what are the documents that need to be filed along with it. Also, can i file I 539 online for H1B extension of stay?

    Experts, I will really appreciate your response on this. Thanks

  • #2
    You cannot file form I-539 to extend the H1B status. Your employer will need to file the H1B extension before your I-94 expires. The extension will come with a new I-94 which will allow you to stay and work. Alternatively, you can exit the country and re-enter with a valid H1B visa and the valid H1B petition which will get you a new I-94 at the POE.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      It seems like the guidelines to the CBP officers are not very clear regarding this issue.I had a similar issue and I called the CBP office at Chicago.Initially they said they can correct only I94 errors made by the CBP officers at POE.I called the same office once again after 2 months and to my surprise the officer asked me to come in person to have the I94 corrected.I got it corrected.Hence I would advice you to call the nearby CBP offices and check with them if they can issue a new I94 matching your petition.If nothing works out you can leave the country an re enter and get a new I94.I heard like when you go to Canada and reenter they don't normally issue a new I94.Hence pls make sure that you can get a new I94 from POE before leaving to Canada or Mexico.Otherwise your trip would be futile.The last option is your employer should for extension and this should be done before your I94 expiry.This is not a legal advice and pls use this information at your own risk.Thanks