H1b Extension - Valid I797 or Stamping/I94

K

karthikkarthik

New Member
Hi,

I got H1B visa in Sept 2007 and entered USA in Jan 2008. My I94 and I797 are valid till Sept 2010. I stayed with my first employer (who held my original H1) till Aug 2008 and then transferred to my present company in Sept 2008. I got a new I797 which is valid till Sept 2011. I have not left country ever since I entered.

My Question is:

1) when do I need to file for H1b extension. Is it before Sept 2010 (Visa Validity) or before Sept 2011 (I797 Validity)?

I heard that you can stay in the country till your I797 is valid (Sept 2011), however I do not want to take chances as the visa states till Sept 2010. I am curious because nowadays its pretty hard to get extensions, so thought if I am good to wait.

Please advice what needs to be done to maintain my status and file of the H1b extension.

Thanks,
Karthik
 
Visa is something that allows you to enter the United States. Once you entered the United States, the expiration dates on your I-94 or I-797 controls. The visa validity date don't matter anymore until next time you want to use that visa to enter the US.
 
karthikkarthik said:
Hi,

I got H1B visa in Sept 2007 and entered USA in Jan 2008. My I94 and I797 are valid till Sept 2010. I stayed with my first employer (who held my original H1) till Aug 2008 and then transferred to my present company in Sept 2008. I got a new I797 which is valid till Sept 2011. I have not left country ever since I entered.

My Question is:

1) when do I need to file for H1b extension. Is it before Sept 2010 (Visa Validity) or before Sept 2011 (I797 Validity)?
----------------------------what is the validity of I-94 that you got with H1 Transfer approval? you can stay till that Latest I-94 and t seems your I-94 attached with H1 transfer is valid till 2011. Check the I-94 validity and file Extension 6 months before the Latest I-94 gets expired or H1 extension must reach USCIS before your Latest I-94 gets expired.
I heard that you can stay in the country till your I797 is valid (Sept 2011), however I do not want to take chances as the visa states till Sept 2010. I am curious because nowadays its pretty hard to get extensions, so thought if I am good to wait.

Please advice what needs to be done to maintain my status and file of the H1b extension.

Thanks,
Karthik
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