H1 Extension - 7th Year

R

rkraman

New Member
Hi All,

My 6 year H1 visa is expiring on July 31st. My company is planning to apply for the 7th year extension. For applying they want the lastest copy of I-94. My question is, if I give that copy and they apply for my H1 Extension, can I go out of US and come back before July 31st while my H1 extension is in progress.

I know i cannot stay outside US after July 31st, but my question is can I go while the application is in progress and return back to US on July 10th.

The reason I ask this question is, when I come back from US i will have a new I-94 form and the one (copy) i sent to my company for applying the extension was the old I-94 which I will give at the airport when leaving US in June.

Has anyone been in a similar situation and any advice would help.

I have to travel out of US in June and be back on July 10th. I cannot change that plan.

Regards,
RK
 
rkraman said:
Hi All,

My 6 year H1 visa is expiring on July 31st.
My company is planning to apply for the 7th year extension. For applying they want the lastest copy of I-94.
------ they need the COPY of I-94(front and back)
My question is, if I give that copy and they apply for my H1 Extension, can I go out of US and come back before July 31st while my H1 extension is in progress.
------- yes, you give the Copy of I-94 with 7th year H1 filing and the orignal I-94 you will give at airlines counter when you depart US
I know i cannot stay outside US after July 31st,
------ you CAN stay, who can stop you???
but my question is can I go while the application is in progress and return back to US on July 10th.
------ YES, if you get the 7th year filing reciept from USCIS keep it with you and show at POE only if asked. Remember you will get new I-94 at POE till July 31st. if your H1 is approved then show the passport Visa stamp AND 7th year H1 approval notice at POE and you will get I-94 valid till your H1 approval notice, check the I-94 date at POE if any mistake point out to POE officer. If your H1 is approved AFTER you are again in US then your 7th year H1 extension approval have I-94 attched with it and that will be your latest I-94
The reason I ask this question is, when I come back from US i will have a new I-94 form and the one (copy) i sent to my company for applying the extension was the old I-94 which I will give at the airport when leaving US in June.
----what is the problem???
Has anyone been in a similar situation and any advice would help.

I have to travel out of US in June and be back on July 10th. I cannot change that plan.

Regards,
RK
Click to expand...
 
Hi ginnu,

Thnx. for your reply.

Lets say the current I-94 i have has a number "87654" on it which expires on 31st July. I give that copy to my employer and after the extension i get a new I-94 attached with the I-797 and that I-94 will have the same number "87654" which will be valid till July 31st 2006.

Now after my travel if i enter US on July 10th (and lets say my H1 ext was not approved at that time) I will get a new I-94 form which expires on 31st July, with a different number say "56432"

Now I will have two I-94 forms with different number and different expiry dates. My only concern is, if it is legal to have two different I-94 forms, whereas normally you will only have one I-94 form. If that is legal then I have no problems.

thnx. for the update.

Regards,
RK
 
never two I 94

rkraman said:
Hi ginnu,

Thnx. for your reply.

Lets say the current I-94 i have has a number "87654" on it which expires on 31st July. I give that copy to my employer and after the extension i get a new I-94 attached with the I-797 and that I-94 will have the same number "87654" which will be valid till July 31st 2006.

Now after my travel if i enter US on July 10th (and lets say my H1 ext was not approved at that time) I will get a new I-94 form which expires on 31st July, with a different number say "56432"

Yes , you will have " 56432", because you surrender both I 94, (one you got it from airport "87654" and one at the bottom of H1 approval receipt "87654").

So you will have only one I 94 with you that is "56432" once you return to US. For 8th year extention, you send this I 94 copy along with petition. You will get I 94 at the bottom upon aprroval with "56432 " at bottom. Now go out of US.... the story repeats..


Now I will have two I-94 forms with different number and different expiry dates. My only concern is, if it is legal to have two different I-94 forms, whereas normally you will only have one I-94 form. If that is legal then I have no problems
thnx. for the update.

Regards,
RK
Click to expand...
 
rkraman said:
Hi ginnu,

Thnx. for your reply.

Lets say the current I-94 i have has a number "87654" on it which expires on 31st July. I give that copy to my employer and after the extension i get a new I-94 attached with the I-797 and that I-94 will have the same number "87654" which will be valid till July 31st 2006.
----- yes it will be 87654
Now after my travel if i enter US on July 10th (and lets say my H1 ext was not approved at that time) I will get a new I-94 form which expires on 31st July, with a different number say "56432"
------- yes it will have diffrent #
Now I will have two I-94 forms with different number and different expiry dates. My only concern is, if it is legal to have two different I-94 forms, whereas normally you will only have one I-94 form. If that is legal then I have no problems.
------- afer your entry to US the I-94 that you will get with H1 extension will be Latest I-94, you can have two I-94 it is not a problem. even if the H1 extension I-94 # is not 87654 it does not matter. I-94 with your name, DOB is valid with any #
thnx. for the update.

Regards,
RK
Click to expand...
 
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