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  • status after extension

    i need your help. i entered the US in aug of 2003 then got an i-94 valid 6 months i applied for extension and got approved valid till aug of 2004.

    now the dilemma:
    i got my approval for extension which expired on aug 21 i got it from the mail dated sep 4. and an H1-B petition was filed for me on July 1, 2004. i asked the employer's immigration lawyer if i am still allowed to stay while i have a petition and she said yes. Now, my question is, Was I legally staying during the period after my extension while I had a pending petition.

    Thank you so much!

  • #2
    follow up on status after extension

    While waiting for the approval of my COS, I was also waiting for the passing result of an exam I took which will lead to issuance of visa screen. Unfortunately, I wasnt successful. So the lawyer told me they would withdraw the petition the same day I left the US so my tourist visa would still be valid. Now, when I was in Detroit (Dec 2004), the immigration had to ask me a lot of questions because they said I was overstaying because i gave them a copy of my new I-94 which expired in august 2004, but I showed them the pending petition. I have a huge stress headache on my way home.

    Is my tourist visa still valid?

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    • #3
      follow up: status after extension

      when i called the company's immigration lawyer and told them that I didn't pass the exam and I asked them what to do. she told me if I want to go home I should let them know the date so that they could withdraw the petition and I could regain my b1 status. then when I called the immigration officer with regards to the status of my petition and the status of my stay he said that I am actually gambling while I am staying there. he said the visa doesnt cancel, only the i-94 expires which wasn't clear at all. he told me to just renew the visa before I come back, if i would come back to avoid the risk of getting deported. how do i find out if my b1/b2 visa is still valid? do i have to go to the embassy to have it checked or do i call the INS?

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