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H1-B extension
- Thread starter ss01
- Start date
No Title
ur attorney is right. the latest I-94 rules. the I-94 that you will be getting upon arrival will invalidate the I-94 that you will be receiving with your extension approval. I-94 with your extension will bear the date when it was first filed (and in ur case it has already been filed) even though you may receive it a month after 1/30/02.
if you get extension documents (I-797 + I-94) in your possession BEFORE YOU DEPART, then its not a problem as you can get the new date (from your extension) entered on your I-94 at POE.
in the worst case, after you come back, try and obtain a new I-94 based on your extension by either visiting a local INS office or filing I-102 form.
ur attorney is right. the latest I-94 rules. the I-94 that you will be getting upon arrival will invalidate the I-94 that you will be receiving with your extension approval. I-94 with your extension will bear the date when it was first filed (and in ur case it has already been filed) even though you may receive it a month after 1/30/02.
if you get extension documents (I-797 + I-94) in your possession BEFORE YOU DEPART, then its not a problem as you can get the new date (from your extension) entered on your I-94 at POE.
in the worst case, after you come back, try and obtain a new I-94 based on your extension by either visiting a local INS office or filing I-102 form.
H1 extn
Hi guys,
My h1 is going to expire on Apr 12 2002. i am going to india to get married and will be back with my wife on Mar 9th. i spoke to my
lawyer regarding h1 extn. he told me that i might not be getting h1 extn apprvl before feb 20th( date i will be leaving to india). he suggested me to apply for extn after i return back from india. will
i and my wife have any kind of problem at POE. is there any rule like
H1 extn should be applied 2 or 3 momths before expn.thanks guys
Hi guys,
My h1 is going to expire on Apr 12 2002. i am going to india to get married and will be back with my wife on Mar 9th. i spoke to my
lawyer regarding h1 extn. he told me that i might not be getting h1 extn apprvl before feb 20th( date i will be leaving to india). he suggested me to apply for extn after i return back from india. will
i and my wife have any kind of problem at POE. is there any rule like
H1 extn should be applied 2 or 3 momths before expn.thanks guys
I hope he has to Surrender Current I-94 + and New l I94 which he recieves with Approval Notice
Dear ICE COOL,
IF he gets Extension Approval before his departure he is going to get New I-94 with his approval notice If I am not wrong he is Supposed to Give ALL his I-94 ate the time of his departure from USA (his Old I-94 + New I-94 which he got with Approval) I do not think he can submit ONLY the I-94 which is attached to his Passport, He has to give also the New I94 when he departs.Then he will be having only New H1B approval With out Right portion Below the Approval Becase he has to tear it and give it to INS and when he enrers US again He will have only Approval with Validity and his I-94 # at left side below of his Approval Papers. Will he get the New 1-94 on Basis of that Information? Please correct me if I am wrongh.
Thanks
Dear ICE COOL,
IF he gets Extension Approval before his departure he is going to get New I-94 with his approval notice If I am not wrong he is Supposed to Give ALL his I-94 ate the time of his departure from USA (his Old I-94 + New I-94 which he got with Approval) I do not think he can submit ONLY the I-94 which is attached to his Passport, He has to give also the New I94 when he departs.Then he will be having only New H1B approval With out Right portion Below the Approval Becase he has to tear it and give it to INS and when he enrers US again He will have only Approval with Validity and his I-94 # at left side below of his Approval Papers. Will he get the New 1-94 on Basis of that Information? Please correct me if I am wrongh.
Thanks
Your H1b extensition or H4 extension
No such rule that you should apply for 3-4 Months advance for your H1B and H4 extension, you should file before your Visa expires, It is better if you apply 2 months before (NOT A LAW) because you may get your approvals or Extension before your Visa and I-94 expires, No harm if you apply only 5-6 days advance of your Expiry date, you will get reciept of your filing in 10-15 days and that is enough prof with you till you get your H1B and H4 extension approved, Better send your H1B extension And your Spouse H4 in same Packet to INS that way you both will get at the same time.
Good Luck!!
No such rule that you should apply for 3-4 Months advance for your H1B and H4 extension, you should file before your Visa expires, It is better if you apply 2 months before (NOT A LAW) because you may get your approvals or Extension before your Visa and I-94 expires, No harm if you apply only 5-6 days advance of your Expiry date, you will get reciept of your filing in 10-15 days and that is enough prof with you till you get your H1B and H4 extension approved, Better send your H1B extension And your Spouse H4 in same Packet to INS that way you both will get at the same time.
Good Luck!!
I hope he has to Surrender Current I-94 + and New l I94 which he recieves with Approval Notice
Dear ICE COOL,
IF he gets Extension Approval before his departure he is going to get New I-94 with his approval notice If I am not wrong he is Supposed to Give ALL his I-94 ate the ti,e of departure from USA (his Old I-94 + New I-94 which he got with Approval) I do not think he can submit ONLY the I-94 which is attached to his Passport, He has to give also New I94 when he departs.Then he will be having only New approvel With out Left portion Below the Approval Becase he has to tear it and give it to INS and when he enrers US again He will have only Approval with Validity and his I-94 $ at Right side below of his Approval Papers. Will he get the New _194 on Basis of that Information? Please correct me if I am wrongh.
Thanks
Dear ICE COOL,
IF he gets Extension Approval before his departure he is going to get New I-94 with his approval notice If I am not wrong he is Supposed to Give ALL his I-94 ate the ti,e of departure from USA (his Old I-94 + New I-94 which he got with Approval) I do not think he can submit ONLY the I-94 which is attached to his Passport, He has to give also New I94 when he departs.Then he will be having only New approvel With out Left portion Below the Approval Becase he has to tear it and give it to INS and when he enrers US again He will have only Approval with Validity and his I-94 $ at Right side below of his Approval Papers. Will he get the New _194 on Basis of that Information? Please correct me if I am wrongh.
Thanks
Travelling while an EOS is pending doesn\'t present a problem according to INS
See the INS memo at: http://www.ins.usdoj.gov/graphics/lawsregs/handbook/Travpub.pdf. It states "Current Service policy does not preclude an alien from traveling outside of the United States while a request for an extension of temporary stay is pending with the Service."
Jim
See the INS memo at: http://www.ins.usdoj.gov/graphics/lawsregs/handbook/Travpub.pdf. It states "Current Service policy does not preclude an alien from traveling outside of the United States while a request for an extension of temporary stay is pending with the Service."
Jim
inders99 -
Well! As per the Aytes Memo, the I-94 should be endorsed based on the information from the latest H-1 approval notice (just the top portion is good enough). However, if the officer @ POE is not well informed, (s)he may endorse I-94 as per the visa stamp and not approval notice (could get bit tricky). I have read on this forum only that few posters got their I-94 endorsed as per the approval notice and not the visa stamp in their passports. You are right in that all the I-94\'s are required to be surrendered upon departure. Even if someone holds on to I-94 that came with the approval notice, its no good as the last one rules. So when one gets a new I-94 upon arrival, it will invalidate all the old ones (regardless of expiry date).
Well! As per the Aytes Memo, the I-94 should be endorsed based on the information from the latest H-1 approval notice (just the top portion is good enough). However, if the officer @ POE is not well informed, (s)he may endorse I-94 as per the visa stamp and not approval notice (could get bit tricky). I have read on this forum only that few posters got their I-94 endorsed as per the approval notice and not the visa stamp in their passports. You are right in that all the I-94\'s are required to be surrendered upon departure. Even if someone holds on to I-94 that came with the approval notice, its no good as the last one rules. So when one gets a new I-94 upon arrival, it will invalidate all the old ones (regardless of expiry date).
No Title
Sure, you can switch over to EAD anytime once you have it. But you should know that by doing so, you are giving up your H status altogether as long as you continue to be with the same employer. I am not sure what\'s the exact procedure for the switch over. Try and get AP before you depart, just in case. Since your I-485 is pending and already have EAD card, you don\'t really have to maintain H-1, I-94 etc. If you get AP, you won\'t have any travel restriction either. Maintaining H-1 during AOS pending is just a safety net, not a requirement.
Sure, you can switch over to EAD anytime once you have it. But you should know that by doing so, you are giving up your H status altogether as long as you continue to be with the same employer. I am not sure what\'s the exact procedure for the switch over. Try and get AP before you depart, just in case. Since your I-485 is pending and already have EAD card, you don\'t really have to maintain H-1, I-94 etc. If you get AP, you won\'t have any travel restriction either. Maintaining H-1 during AOS pending is just a safety net, not a requirement.
Ravindra Nannapaneni
Registered Users (C)
Jim or any guru....question about H1-B Extension !!!
Hi ,
I had my VISA till 11th April 2002. I am planning to go to the US
in Feb first week. Then my employer will apply for extension.
In the above context will i face any probs reg getting extension or should i follow any rules and regulation like entering US before 60 days to the expiry date of VISA and should obtain SS no before applying for extension ...etc.
Any small help is appreciated
Hi ,
I had my VISA till 11th April 2002. I am planning to go to the US
in Feb first week. Then my employer will apply for extension.
In the above context will i face any probs reg getting extension or should i follow any rules and regulation like entering US before 60 days to the expiry date of VISA and should obtain SS no before applying for extension ...etc.
Any small help is appreciated
sai prasanth
New Member
Urgent Help Please(H1 transfer)
I applied for H1 transfer from company A to Company B. After two qeries INS has send me new H1 without I-94 attachment and I am supposed to go out of the country for stamping and I dont want to do as it is risky. I . Now Company A got a project and is ready to provide me a job. Can I go back to Company A ignoring INS conditional approval for Company B. Will there be any legal implications. Your help will be greatly appreciated.
I applied for H1 transfer from company A to Company B. After two qeries INS has send me new H1 without I-94 attachment and I am supposed to go out of the country for stamping and I dont want to do as it is risky. I . Now Company A got a project and is ready to provide me a job. Can I go back to Company A ignoring INS conditional approval for Company B. Will there be any legal implications. Your help will be greatly appreciated.
Raman Iyengar
Registered Users (C)
Gurus Need Urgent Help
I am a Canadian citizen and on H1B1 VISA. My company has shut down in October and as a result I got laid off indefinitely. I am getting an offer from a new coy. My questions are:
1. About 90 days have lapsed. Do I still qualify for H1 - H1 transfer or do I have to apply for a new H1.
2. If it is going to be a new H1, then is it subject to the H1B cap?
3. Can I start to work on receipt of the LIN number?
4. Could I start to work on a TN VISA and later on change to H1B1?
Your advice is very much appreciated
PS: I live accross the border in Canada and used to commute to the US for work.
Raman
I am a Canadian citizen and on H1B1 VISA. My company has shut down in October and as a result I got laid off indefinitely. I am getting an offer from a new coy. My questions are:
1. About 90 days have lapsed. Do I still qualify for H1 - H1 transfer or do I have to apply for a new H1.
2. If it is going to be a new H1, then is it subject to the H1B cap?
3. Can I start to work on receipt of the LIN number?
4. Could I start to work on a TN VISA and later on change to H1B1?
Your advice is very much appreciated
PS: I live accross the border in Canada and used to commute to the US for work.
Raman