H1 extension applied while out of US

dsugandhi

Registered Users (C)
Hello Gurus,

Please help me on following situation:

My employer filled H1 extension of stay (EOS) while I was not in US but same EOS approved after I came back to US with new I-94. so the last action by USCIS was the approval of H1 with new I-94.

I am still with the same employer and have to file one more extension.
My question is can I file an extension of stay while I was out of US? Do you see any issue for future extensions or GC process?

Thanks,
 
No problem. You can apply for the H-1B visa with the new H-1B approval and then reenter the US after your business.
 
compiler said:
No problem. You can apply for the H-1B visa with the new H-1B approval and then reenter the US after your business.
Hi compiler,

Thanks for the reply.
I m little bit confuse with your answer.

When my employer applied for last H1 extension, I was out of US. Then after I came back to US my I-797 approved. Then I never went out of US to stemp H1 and kept on working for the same employer till today. My I-94 is still valid but I dont have H1 stemp on my passport for the last approved I-797. Now I have to apply for one more extension. Can I apply the new extension while I m still in US without H1 stemp for the prior I-797 approval? Am I still in H1 status or out of status?
 
The visa stamp is only for your entry into the US. After your entry your valid status is controlled by the Form I-94. Since you status was extended last time and you have not stayed beyond the expiry of your I-94, you are in status. You can file a new H-1B extension. You do not need a valid visa stamp while you are filing the extension in the US.
 
compiler said:
The visa stamp is only for your entry into the US. After your entry your valid status is controlled by the Form I-94. Since you status was extended last time and you have not stayed beyond the expiry of your I-94, you are in status. You can file a new H-1B extension. You do not need a valid visa stamp while you are filing the extension in the US.

Thanks compiler,

You made my day better then last few days. I am still little tensed but I hope things will work out.

Thank you very much for your time.
 
Top