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Please advise on my extension.

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  • Please advise on my extension.

    Hi,
    My I-797 expiry date is 07th Aug 2012.
    LCA expiry date is 07 Aug 2014.
    Passport stamped page expiry date is 07 Aug 2014.
    Passport stamped page Petition End Date(PED) is 07 Aug 2014.
    My I-94 expiry date is 17 Aug 2014.

    Could you please clarify below 2 questions:
    1> When should i go for Extension in 2012 or 2014 because my I-797 and visa page are having different end dates? Which one i should consider?

    2> If am travelling to India after petition expiry date(August 2012), when i returned to US will it be a problem in POE? Though have valid visa to enter.

    Thnaks In Advance,
    Srikanth

  • #2
    How come your Visa mentions a different petition expiry date? This is about H1 Visa right?
    This is my opinion and not legal advice.

    Comment


    • #3
      A valid H1B visa alone is not enough to enter U.S. You will need a valid H1B petition as well. If you won't have a valid H1B petition as of the date of your return, then the employer will need to file the H1B extension and the petition should get approved. It is strange that you got a vis and I-94 for a duration much more than the H1B petition expiry date.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        Is there any chances like typo on my I-797, so VO corrected in my visa page?

        if it is typo and do we have any chance to correct the I-797?

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        • #5
          Originally posted by kabkaba View Post
          How come your Visa mentions a different petition expiry date? This is about H1 Visa right?
          Yes it is about H1B only

          Comment


          • #6
            If there is a typo, then it should be in the visa and not in the petition. H1B visa usually is given only till the petition expiry date. Consulates will not know or care how USCIS determine the petition expiry date (In case when the petition is approved for less than 3 years). In your case, consider yourself lucky as you have an extended visa in the passport. If you want to leave U.S, then file the H1B extension. When you return back, you will still have a valid visa in the passport (no need to go for stamping again after the H1B petition gets extended) and you can use the extended petition to get a new I-94 at the POE (matching your extended petition).
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thnak you shervin for your quick reply..

              One last question do i need go for extension in August 2012 or before travelling to India?

              Comment


              • #8
                You have still given no reason why the dates are different.
                Is it a typo or mistake on consulate's part or was there some other issue like change of employer involved?
                This is my opinion and not legal advice.

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