Help Me Pls- I94 Issue

I

Ibukun

Banned
Dear All,
I was just reading the I-94 threads out of curiosty and discovered I may be in a big trouble. I am on H1B visa that expired on January 1st 2003. Prior to expiration, my company applied for the last 3 years renewal with a notice date of November 14th. I went out of the country in early November and came back November 18th with a new I-94 that expired 2 weeks ago. I am yet to get approval for my I-129 from INS and when I do, I plan going to Toronto for revalidation before I travel out again. Good people, am I in jeopardy? Thank in advance for your insights.

IBK
 
All U need to do is, when the H1 approval comes, visit nearst POE or INS office and get a new I94.
Going to Toronto will also fix the problem. However if you dont have a US degree , I have heard horror stories. With new law which says no admission for visa refusals, it is better to first get a new I94 before attempting at toronto.
 
You can also apply for visa re-validation within the country (no visit to Toronto required) if your new approval comes with the I-94 attached.

More than likely it will as you had applied before the I-94 expiry - however in the off-chance that it doesnt you will need to make a trip abroad (outside the N.American continent) to get a new visa and I-94. If you're overly nervous, you can always upgrade your petition to a premium processing case and get a decision withiin 15 days for $1000.
 
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Travel while an H-1 extension is pending presents no problem. Only travel while a COS is pending causes difficulty.
 
Thanks mgh2001 and Jim. I am enlightened by your responses. I also thank Jim and Jaxen for responding to users myriad of questions.

IBK
 
Thanks mgh2001 and Jim. I am enlightened by your responses. I also thank Jim and Jaxen for responding to users myriad of questions.

IBK
 
I-129 and i-94

My I-94 and visa stamped on passport expired on Jan 9, 2003. My company filed for my H1-B extention on October 2002 and still waiting for approval. Is this i-94 expiration got anything to do with H1-Revalidation? Next week I am going to expediate my I-129 processing with premium processing.
Do I need to do anything other than re-validate my H1-B. I am concerned as my I-94 already expired. I read many thread for I-94 expiry, but couldn't find answer to this. Please help..


VJ
 
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You are fine. when the approval comes the start date for the new H1 will be either before I94 expiry or nearer to the date of extension application date. So you are ok. After U receive the H1 you can revalidate the visa in your passport.
 
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