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H1B Visa expiring - I94 Still Valid

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  • H1B Visa expiring - I94 Still Valid

    Hello,

    I am new to this to please excuse me if I have not made the posting in the right forum.

    My H1B is expiring on 01 August 2010 and my I-94 is valid till 01 August 2011. I am in the process of filing my extension but have a feeling it wont be done in time.

    My question is, if my I-94 is valid can I stay and work in the US even if my Visa has expired? I am not leaving anywhere and I should probably have my extended Visa by the end of August.

    thanks for your responses.

  • #2
    Visa determines the date you can seek entry into US from another country. Once you enter US, it is I-94 that determines how long you can stay in US in a valid status. IN your case you are legally allowed in the US until Aug 2011. However if you travel outside US (Canada/Mexico excluded) you will need a visa to return after Aug 2010.

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    • #3
      Awesome, Thanks for the clarification.

      could you please also clarify if my petition expiry has anything to do with this? My petition is expiring along with my Visa so. . .

      Comment


      • #4
        Originally posted by prattitude View Post
        could you please also clarify if my petition expiry has anything to do with this? My petition is expiring along with my Visa so. . .
        The petition expires in 2010 but the I-94 doesn't expire until 2011? Looks like the I-94 was issued in error, but you are able to stay past 01-Aug-2010 if your extension was filed before this date.
        ------------------------------------
        IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

        PD: 9/12/2000 (EB3/VA/RIR/Canada)
        I-140 RD: 12/22/2000
        I-140 AD: 7/16/2001
        RD: 8/28/2001
        ND: 10/26/2001
        FP1: 1/31/2002
        RFE: 8/2/2002
        RFE RD: 8/28/2002
        TD: 10/22/2002
        FP2: 6/19/2004
        ID: 07/15/2004
        AD: 07/15/2004
        CO: 08/18/2004
        CR: 08/23/2004
        N-400 RD: 05/21/2009
        FP: 06/13/2009
        CFR: 08/05/2009
        IL: 08/21/09
        ID: 10/7/09
        USC: 10/8/09

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        • #5
          hmm. . that might be true but I do not recall the immigration officer looking at my petition before filling the I-94 upon my entry. This is true on 2 occasions which I can recall.
          Should they be checking the petition as well?

          To sum up, you are saying that irrespective of my I-94 validity (which is an error) if my petition is not filed before the 01 August then I will have to travel out before my status becomes illegal correct?
          And the only way I can stay is by having my petition filed right?

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