H1B status after reentering

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xihu24

Registered Users (C)
Hi,

My I-797A says that my H1B status is valid until 08/31/2010.

Recently I returned to my home country, obtained H1B visa there, and reentered US with H1B visa. This H1B visa expires at 06/02/2009.

Should I do anything to keep my H1B status vaild after 06/03/2009?

Thanks a lot!
xihu
 
xihu24 said:
Hi,

My I-797A says that my H1B status is valid until 08/31/2010.

Recently I returned to my home country, obtained H1B visa there, and reentered US with H1B visa.

This H1B visa expires at 06/02/2009.
Should I do anything to keep my H1B status vaild after 06/03/2009?

Thanks a lot!
xihu
Click to expand...

you have H1 approval notice till 08/31/2010
Till what date is H1 Visa stamp in passport valid? or the H1 Visa stamp expiry date?
Till what date is your I-94 Valid that you got when you came to US(check the White I-94 that POE officer stpled in your passport.
Till what date is your Passport Valid Or the date your passport expires?
 
> you have H1 approval notice till 08/31/2010
> Till what date is H1 Visa stamp in passport valid? or the H1 Visa stamp expiry date?
06/02/2009

> Till what date is your I-94 Valid that you got when you came to US(check the White I-94 that POE officer stpled in your passport.
06/02/2009

> Till what date your Passport Valid Or the date your passport expires
10/20/2016

Thanks ginnu.
 
xihu24 said:
> you have H1 approval notice till 08/31/2010
> Till what date is H1 Visa stamp in passport valid? or the H1 Visa stamp expiry date?
06/02/2009

> Till what date is your I-94 Valid that you got when you came to US(check the White I-94 that POE officer stpled in your passport.
06/02/2009

> Till what date your Passport Valid Or the date your passport expires
10/20/2016

Thanks ginnu.
Click to expand...

You have H1 Visa stamp valid till 06/02/2009 and POE officer gave you I-94 till 06/02/2009. at POE the officer gave you correct validity I-94.
*** How you have H1 approval notice till 08/31/2010 and Visa stamp till 06/02/2009? why not to explain in details so that others can understand.
 
ginnu said:
You have H1 Visa stamp valid till 06/02/2009 and POE officer gave you I-94 till 06/02/2009. at POE the officer gave you correct validity I-94.
*** How you have H1 approval notice till 08/31/2010 and Visa stamp till 06/02/2009? why not to explain in details so that others can understand.
Click to expand...


I got H1B approval notice I-797A three years ago (2007). The H1B status would last for 3 years until 08/31/2010.

I returned to my home country this Feb and obtained a new visa stamp on 03/04/2009. It expires in 90 days, i.e. until 06/02/2009. This is for people from China. If you are from other countries, that expiration date could be different.

I returned to US in March. On my new I-94, the POE officer wrote my H1B was valid till 06/02/2009. Now I suspect that the POE officer should have written 08/31/2010 on my new I-94 instead of 06/02/2009.

If you have similar H1B reentry experience, please advise what date was put on your new I-94. If the POE officer made a mistake, what should I do?

Thanks.
 
xihu24 said:
I got H1B approval notice I-797A three years ago (2007). The H1B status would last for 3 years until 08/31/2010.

I returned to my home country this Feb and obtained a new visa stamp on 03/04/2009. It expires in 90 days, i.e. until 06/02/2009. This is for people from China. If you are from other countries, that expiration date could be different.

I returned to US in March. On my new I-94, the POE officer wrote my H1B was valid till 06/02/2009. Now I suspect that the POE officer should have written 08/31/2010 on my new I-94 instead of 06/02/2009.

If you have similar H1B reentry experience, please advise what date was put on your new I-94. If the POE officer made a mistake, what should I do?

Thanks.
Click to expand...
I dont know about people from China. Others may guide you. If one is from India and one has H1 valid Visa stamp till XXX date then at POE he/she will get I-94 till XXX.
you can talk to your company lawyer for more info related to your Visa stamp or your I-94 or your H1 approval notice.
 
ginnu said:
I dont know about people from China. Others may guide you. If one is from India and one has H1 valid Visa stamp till XXX date then at POE he/she will get I-94 till XXX.
you can talk to your company lawyer for more info related to your Visa stamp or your I-94 or your H1 approval notice.
Click to expand...

Thanks ginnu.

If I understand correctly, for those people from India, even if H1 visa stamp valid date XXX is earlier than the experiation date YYY on H1 approval notice, I-94 will be valid till XXX, not YYY. Am I right?
 
xihu24 said:
Thanks ginnu.

If I understand correctly, for those people from India, even if H1 visa stamp valid date XXX is earlier than the experiation date YYY on H1 approval notice, I-94 will be valid till XXX, not YYY. Am I right?
Click to expand...
if Person is from India and his/her H1 approval notice is valid till XX date and then goes to US consulate for H1 visa stamp then he/she will get H1 visa stamp till XXX date and when enter US at POE will get I-94 till XXX date. H1 approval expiry date, H1 visa stamp expiry date and I-94 expiry date will be same.
 
For some reason, people from China are given shorter duration visas. But, you should have mentioned to the Officer at POE that your petition is valid till later and he would have given a later date. Now, you have to apply for extension of stay based on your current petition. You will of course need letter from employer that they intend to employ you after I-94 date till the petition date.
 
Thanks kabkaba and ginnu.

I visited a local CBP DIS office and got I-94 corrected.

I found the solution from CBP web site, question/answer 73.
 
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