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  • H1B Extension Stamping

    Hi,

    My visa and petition both are expiring in August 2012. Currently I am in US and my H1B extension process has started with the filing of
    new petition.
    Do I need to go back to India for the stamping with my new petition or it can be done in US as well. A quick overview on entire process
    will be helpfull and highly appreciated.

    Thanks in advance.

  • #2
    Visa is only an entry document to U.S. You don't need a valid visa to stay in U.S. A valid I-94 is what is required to legally stay and work in U.S. When the employer files the extension, the extended approval notice will come with a new I-94. In that case, you can stay and work in U.S without the need for a valid visa until the new I-94 expiry date. If you had to leave U.S, then you should return all the I-94s when you leave (@ the airport) and to re-enter, you will need a valid visa in the passport. If you don't have a valid visa as of the date of your return, then you have to schedule a visa interview at the U.S consulate and to get the visa stamped based on your extended petition.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Visa is only an entry document to U.S. You don't need a valid visa to stay in U.S. A valid I-94 is what is required to legally stay and work in U.S. When the employer files the extension, the extended approval notice will come with a new I-94. In that case, you can stay and work in U.S without the need for a valid visa until the new I-94 expiry date. If you had to leave U.S, then you should return all the I-94s when you leave (@ the airport) and to re-enter, you will need a valid visa in the passport. If you don't have a valid visa as of the date of your return, then you have to schedule a visa interview at the U.S consulate and to get the visa stamped based on your extended petition.
      Thanks for giving overview. My current I-94 is expiring in first week of september will it have any impact?

      Thanks.

      Comment


      • #4
        No issues as long as the extension gets approved and the approval notice comes with a new I-94 attached to it.

        Originally posted by abhibrave2002 View Post
        Thanks for giving overview. My current I-94 is expiring in first week of september will it have any impact?

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

        Comment

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