H1- B Visa Extension

[doshihemal]

Hi,
I am on my H1-B visa working for non-profit Organization (University). My H1-B will be expiring in Feb 2006 and i will be filling my extension.
1) If i file my extension and if i haven't yet received my new I-94 can I travel outside of US in december and come back again ?
2) If i file my extension and i receive my new I-94 before decemeber. can i travel outside of US and come back ? Do i have to get my visa stamp although it is expiring in Feb 2006 ?
3) Lastly, or is it Ok if i file my extension once i am back in USA ? Can i keep continue working even though my extension comes after feb 2006 ?


Any suggestion/help will be highly appreciated.

 

[ginnu]

Hi,
I am on my H1-B visa working for non-profit Organization (University). My H1-B will be expiring in Feb 2006 and i will be filling my extension.
1) If i file my extension and if i haven't yet received my new I-94 can I travel outside of US in december and come back again ?
------------ if you have Valid Visa stamp to come back you can go out and can come back before H1 stamp expires
2) If i file my extension and i receive my new I-94 before decemeber. can i travel outside of US and come back ? Do i have to get my visa stamp although it is expiring in Feb 2006 ?

------------if you have Valid Visa stamp to come back you can go out and can come back before H1 stamp expires AND at POE show your passpoert valid Visa stamp AND H1 approval notice you will get white I-94 till your new H1 approval notice, check the date on I-94 and if any mistake point out to officer or ask for supervisor(No new Visa stamp needed in this situation)
3) Lastly, or is it Ok if i file my extension once i am back in USA ?
--that will be better
Can i keep continue working even though my extension comes after feb 2006 ?
-----------once h1 extension is filed BEFORE I-94 expires you can work while extension petition is pending, make sure extension petition reaches USCIS before I-94 expiry date


Any suggestion/help will be highly appreciated.

 

[ashwinbr]

Hemal,
Here's my experience:
Had a visa that was about to expire in 2 months.
I had applied for H1-B renewal (extension) and the lawyer had the approval notice. I didn't have the approval notice in hand at the time of re-entry.
The immigration officer pointed out that the visa is going to expire in 2 months, that's it. After I told her that I've applied for an extension and the approval is with the lawyer she didn't seem to have any problem whatsoever.

Even if I didn't have the approval I guess she would have still let me in.
Guess that answers your questions 1 and 2.

As for question 3: Guess you could file your extension after you come back to the US. But it will give you an extra factor of safety if you had already applied for an extension.

[DISCLAIMER] I'm not 100% sure about this one, but you might want to check with your attorney. [/DISCLAIMER]
You can continue working after Feb 2006 as long as you have the receipt for your application in hand. But make sure you've reentered the US in December well before your current has visa expired.

As always, do consult your lawyer for everything.
Hope this helps. Good Luck.
Ashwin.

 

[ginnu]

Hemal,
Here's my experience:
Had a visa that was about to expire in 2 months.
I had applied for H1-B renewal (extension) and the lawyer had the approval notice. I didn't have the approval notice in hand at the time of re-entry.
The immigration officer pointed out that the visa is going to expire in 2 months, that's it.
---------------and the office gave you I-94 valid for 2 months only. remember that I-94 you got at POE is the LAST action, did you inform your lawyer that you enterd US after H1 extension approval ? you need to talk to lawyer because your I-94 that is attached with H1 extension approval is no more valid as your entred US AFTER H1 approval and the I-94 that you got for 2 months is the last action

After I told her that I've applied for an extension and the approval is with the lawyer she didn't seem to have any problem whatsoever.

Even if I didn't have the approval I guess she would have still let me in.
Guess that answers your questions 1 and 2.

As for question 3: Guess you could file your extension after you come back to the US. But it will give you an extra factor of safety if you had already applied for an extension.

[DISCLAIMER] I'm not 100% sure about this one, but you might want to check with your attorney. [/DISCLAIMER]
You can continue working after Feb 2006 as long as you have the receipt for your application in hand. But make sure you've reentered the US in December well before your current has visa expired.

As always, do consult your lawyer for everything.
Hope this helps. Good Luck.
Ashwin.