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H1B Visa expiring - I94 Still Valid

Discussion in 'Temporary Visas - OTHER Than The Ones Mentioned' started by prattitude, Jul 13, 2010.

  1. prattitude

    prattitude New Member


    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. nkm-oct23

    nkm-oct23 Registered Users (C)

    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.
  3. prattitude

    prattitude New Member

    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. . .
  4. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    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.
  5. prattitude

    prattitude New Member

    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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