H1 extension

[Hpuser]

Hi Gurus,

My H1B is going to expire in jan 2005(expiry on I-797) but my I-94 will expire on 1/1/2004.So i need to apply for extension.I have worked for 3 months for my current employer(worked for 5 months for a different employer but couldn't get H1 transferred so came back).My question is at what time I should apply for extension.I will have to provide paystubs and will the year to date salary on paystub affect in getting extension because it will show only 6 months salary in 2003.

Thank you
hpuser

 

[jaxen]

First off, you need to revalidate the H1 in passport only if you plan to go out of US.
You can apply with St.Louis from 60 days of expiry until 1 year from current I94 expiry date. Since the recent paystubs might not be current , if you can afford it, wait for another 3 months before applying for revalidation.

 

[Hpuser]

Thanks jaxen for your reply. may be I put my question in a wrong way.I'm not worried about revalidation.I'm believing that before my I94 expires I should apply for extension(I-539) because the expiration date on I-94 is not the same as on I-797.
>You can apply with St.Louis from 60 days of expiry until 1 year from current I94 expiry date.
Does it mean that I can stay in US after my I94 expires if I have a unexpired I-797.
I greatly appreciate your help.

Thanks