Visa Expiring in Aug 2012..need to travel to India in july

[pranshu]

Hi,

My visa is expiring in Aug 2012 but i need to travel in July 2012.The I 94 which i have is valid till 2015.
I need to file for extension of my petition as well.
Please advice:
Option

1)Travel to india july 2012 and then apply for extension(RisK: might not get 194 for 3 years again)
or
2)file for extension first and wait if it gets extended then travel to India and get the stamping done.

[shervin143]

I-94 issomething that you will get at the POE. Even if you file the extension while you are in U.S, you need to return the I-94 when you leave U.S. When you return back, what is the the guarantee that you will get it for 3 years. Also, an extension of status cannot be filed in your case when you are in U.S since your I-94 is valid until 2015. EOS can be filed only 6 months prior to the I-94 expiry date. If you anyhow have plans to leave the country, then there is no point in filing the extension when you are in U.S.