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Thread: H-1B extension or extension stay?

      
  1. #1

    H-1B extension or extension stay?

    I have question regarding my I-94 card. Currently, I am in H-1B
    visa, and the visa was valid from 5/1/2000 to 4/30/2003. However, when I
    came back to US from my visit to India in November 2000, the INS officer
    at Detorit airport issue me a new I-94 card, with expiration date
    6/9/2002, this date is the same expiration date of my passport. He told me
    he could not give me a visa longer than my passport expire date.

    Now, I got my passport renewed last month, but I only have 3 months as the
    I-94 card indicates. What I should do? Go to my local INS office or send
    document to Vermont Center? and which application should I file, an I-539
    extension for stay, or an new I-129 H-1B petition?

  2. #2
    Join Date
    May 2002
    Posts
    5,456

    All you need is to fix I-94.

    This can be done in the District/sub INS office or the nearest POE. The relevant application is 102
    http://www.ins.usdoj.gov/graphics/fo...orms/i-102.htm
    You can also send it to the SC.

  3. #3

    Thanks lot for information.

     

  4. #4

    The local INS officer refuse me to file I-102

    I went to the local INS office this morning. The lady refuse me to file I-102 to fix I-94. She said the officer at airport is correct, the I-94 expiration date can not over the passport expiration date. Instead of I-102, she ask me to file I-129 to extend my H1-B visa.
    I wonder is she right?

  5. #5
    Join Date
    May 2002
    Posts
    5,456

    You had a new passprt right?

    Was that the sub (or district office) or a local office? You can also do the same at the nearest POE. Next time ask to speak with a supervisor or maybe use a lawyer.

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