H1B Extn Issue : Valid H1B Visa, I-94 till 07/31/2011 but I-797 Expired 01/31/2011

[Gokulakrishnan]

Hi,

I have a delicate situation please let me know what needs to be done.
I have my I797 expired 01/31/2011(but I129 form says till 07/31/2011) but I have my H1B Visa and I-94 stamped till 07/31/2011.

Questions:

Can I continue to stay till 07/31/2011 in US with my I-94 validity?
Can I apply for H1B-Extn with I797 Expired but I129 petition shows validity till 07/31/2011.?
Should I apply new H1B application?

Thanks,
Gk.

 

[ginnu]

Hi,

I have a delicate situation please let me know what needs to be done.
I have my I797 expired 01/31/2011(but I129 form says till 07/31/2011) but I have my H1B Visa and I-94 stamped till 07/31/2011.

---------------it means your H1 approval expiry date is 07/31/2011 and that is the
reason your Visa stamp validity and I-94 validity is 07/31/2011.
Questions:

Can I continue to stay till 07/31/2011 in US with my I-94 validity?
-----if you have job based on your H1then you can stay/work till I-94 validity.

Can I apply for H1B-Extn with I797 Expired but I129 petition shows validity till 07/31/2011.?
Should I apply new H1B application?

Thanks,
Gk.

some info is missing in your post. Dont go by I-129 Petition form.
Let us know the H1 approval notice expiry date and H1 Visa stamp expiry date and I-94 Expiry date.
Or you can go to your or company lawyer and find the legal info based on your papers.

*** Do you suspect that US consulate stamped H1 visa more than the validity of H1 approval notice? Do you suspect that CBP officer gave you wrong validity I-94? You should see your company lawyer.

 

[Gokulakrishnan]

Ginnu,

Let me put it clear below.

My H1B Approval notice - 01/31/2011
My US Visa - 07/31/2011
My I-94 - 07/31/2011

So either Consulate given a greater date in US Visa and I-94 than H1B Approval notice? OR H1B Approval Notice is missing correct dates?
Can you please clarify what needs to be done in this scenario?

Thanks for your time,
Gk.

 

[ginnu]

Ginnu,

Let me put it clear below.

My H1B Approval notice - 01/31/2011 , is that H1 approval Expiry date?
My US Visa - Valid till 07/31/2011
My I-94 - 07/31/2011

So either Consulate given a greater date in US Visa and I-94 than H1B Approval notice? OR H1B Approval Notice is missing correct dates?
-----I don't have your papers before me.
Can you please clarify what needs to be done in this scenario?
------You should contact your lawyer .
Thanks for your time,
Gk.

What you want to do? if you want to file H1 extension then why you don't go to lawyer and give copy of your papers and let him find if some info is wrong. I feel if you have valid I-94 then you were admitted on H1 status till I-94 expiry date.