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I94 Extention, After Expiry
- Thread starter CA2007
- Start date
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CA-2007,
Give us more details. When did your I-94 Expire?
What do you mean by don't have a job? Are you with a consulting firm and do not have a project? Or your H1B sponsoring company gave you a termination notice?
We need to know all the details cleary so that we can give you some helpful information.
CA-2007,
Give us more details. When did your I-94 Expire?
What do you mean by don't have a job? Are you with a consulting firm and do not have a project? Or your H1B sponsoring company gave you a termination notice?
We need to know all the details cleary so that we can give you some helpful information.
Those who are not in status or overstaying are not allowed to extend/change the status in the US.
First, w/o job offer, it is not possible to apply H1 petition. Second, if you have job offer, the best you can do is applying w/o transfer and need to get H1 stamp after approval.
First, w/o job offer, it is not possible to apply H1 petition. Second, if you have job offer, the best you can do is applying w/o transfer and need to get H1 stamp after approval.
Let me explain in Detail
CA2007's present employer provided him with 2 months notice as required in the employment agreement and will continue to receive salary until May 15th. CA2007 is now at home looking for a new employer. But he realized that his I-94 expired on Apr 7th. I believe the present employer is responsible but CA2007 is hesitant to approach the employer for fear the H1-B would be cancelled.
Will getting a new employer for CA2007 solve the problem even if the I-94 expired ?
Is the present employer responsible for the extension ?
CA2007's present employer provided him with 2 months notice as required in the employment agreement and will continue to receive salary until May 15th. CA2007 is now at home looking for a new employer. But he realized that his I-94 expired on Apr 7th. I believe the present employer is responsible but CA2007 is hesitant to approach the employer for fear the H1-B would be cancelled.
Will getting a new employer for CA2007 solve the problem even if the I-94 expired ?
Is the present employer responsible for the extension ?
No, I94 expiration issue won't be resolved just by having the new sponsor.Will getting a new employer for CA2007 solve the problem even if the I-94 expired ?
Is the present employer responsible for the extension ?
If it is out of status issue within I94 validity, CIS may give him transfer in the US, but expiration of I94 like this case is pretty obvious that one can not transfer H1 within the US.
He must get H1 stamp and reenter the US after H1 petition gets approved with new sponsor.
Best he can do is finding employer, and let them file petition, and wait for the approval outside the US. Previous employer has obligation to pay his trip going out of the US.
Staying in status is beneficiary's responsibility as he is the one who has the status.
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Need to Add
Its not very clear to me so I want to add the following.
His present H1 does not expire for at least several more months. Only his I-94 has expired. I think if he had left the country earlier and re-entered, he would have been given a new I-94 until the H1 validity.
His present employer cannot cancell his H1 until May 15th
Its not very clear to me so I want to add the following.
His present H1 does not expire for at least several more months. Only his I-94 has expired. I think if he had left the country earlier and re-entered, he would have been given a new I-94 until the H1 validity.
His present employer cannot cancell his H1 until May 15th
He is out of status
GotPR is right. It does not matter how long H1B Petition is Valid or how long Visa on the Passport is valid. I-94 is the master. You can only stay in US till the I-94 exp date. Before its expiry either you must file for Extension or leave the country.
I would suggest him to leave right away and re-enter after a week. Usually Immigration does not check that much about I-94 expiration for few days. Actually AirLiner takes his I-94 card from him. If they ask why he overstayed, just tell them we did not realize till now.
Finding another employer will not help him at all because he can't get him I-94 Extension when it is already expired.
GotPR is right. It does not matter how long H1B Petition is Valid or how long Visa on the Passport is valid. I-94 is the master. You can only stay in US till the I-94 exp date. Before its expiry either you must file for Extension or leave the country.
I would suggest him to leave right away and re-enter after a week. Usually Immigration does not check that much about I-94 expiration for few days. Actually AirLiner takes his I-94 card from him. If they ask why he overstayed, just tell them we did not realize till now.
Finding another employer will not help him at all because he can't get him I-94 Extension when it is already expired.
It was all a big mistake
Turned out the I-94 was from the first time CA2007 entered the US using the H1B from the first employer. This is because it is still stapled onto his passport.
CA2007 received a new I-94 when he got his new H1B from the present employer. The present I-94 expires in 2009
CA2007 will be changing his name to CA2009 !!
Turned out the I-94 was from the first time CA2007 entered the US using the H1B from the first employer. This is because it is still stapled onto his passport.
CA2007 received a new I-94 when he got his new H1B from the present employer. The present I-94 expires in 2009
CA2007 will be changing his name to CA2009 !!
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