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I-94 end date before the Visa expiry date

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  • I-94 end date before the Visa expiry date

    Hi,

    My H1B visa is valid till 11/27/2012 but my I-94 was valid only until 11/27/2011. So i applied for an I-94 extension with USCIS. Now the extension has been approved and i have recieved the petition documents. In the petition docs it is mentioend that the CASE TYPE is I129 petition for a nonimmigrant worker with a NOTICE TYPE: Approval Notice, Class: H1B, Valid from 11/30/2011 to 11/26/2014.
    Also the bottom half of the petition doc has the I-94 details. The I-94 number is the same as that of the previous I-94 form that got expired on 11/27/2011 which again has a validity of 11/30/2011 to 11/26/2014.

    Can someone help to understand if the extension that was filed was an H1 extension or an I-94 extension? I am planning to got out of US (NOT to INDIA) for a vaccation and come back in a week. Will I be able to enter US with the current visa on my passport (with a validity till 11/27/2012) and the new approved petition papers?

    Thanks

  • #2
    Originally posted by nc_djtap View Post
    Hi,

    My H1B visa is valid till 11/27/2012 but my I-94 was valid only until 11/27/2011. So i applied for an I-94 extension with USCIS. Now the extension has been approved and i have recieved the petition documents. In the petition docs it is mentioend that the CASE TYPE is I129 petition for a nonimmigrant worker with a NOTICE TYPE: Approval Notice, Class: H1B, Valid from 11/30/2011 to 11/26/2014.
    Also the bottom half of the petition doc has the I-94 details. The I-94 number is the same as that of the previous I-94 form that got expired on 11/27/2011 which again has a validity of 11/30/2011 to 11/26/2014.

    Can someone help to understand if the extension that was filed was an H1 extension or an I-94 extension? I am planning to got out of US (NOT to INDIA) for a vaccation and come back in a week. Will I be able to enter US with the current visa on my passport (with a validity till 11/27/2012) and the new approved petition papers?
    Yes, anytime before the Visa expires.
    Thanks
    Make sure you submit all I-94's to the airline when you leave the US and on returning show the latest approval notice and Visa to the inspection officer, so that you will get new I-94's according to the new approval notice. If you are traveling to Canada or Mexico for less than 30 days, you don't need to submit your I-94's.
    This is my opinion and not legal advice.

    Comment


    • #3
      I-94 end date before the Visa expiry date

      Can anyone 2nd the reply by "kabkaba"?

      Your responses will be of great help. Also please let me know if there is any helpdesk where i can get a official confirmaiton on this.

      Thanks in Advance!!!

      Comment


      • #4
        The previous reply was perfect and to the point. There is no helpdesk to get an official confirmation. Feel free to consult an immigration attorney on your own to validate any information provided here.

        Originally posted by nc_djtap View Post
        Can anyone 2nd the reply by "kabkaba"?

        Your responses will be of great help. Also please let me know if there is any helpdesk where i can get a official confirmaiton on this.

        Thanks in Advance!!!
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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