I-94 extension

H

Hpuser

Registered Users (C)
Hi Guys,
My I-797(H1 approval notice) is valid from 4/2002 to 1/2005 but my I-94 is expiring in 1/2004 because I got a new H1 in 2002 and it didnt come with extended I-94.I want to know how can I get the new I-94 without going out of US.My lawyer was saying I need to file for H1 extension and it will come with new I-94.In that case how many pay stubs are required for extension and will the year to date salary on paystub create problems if its very less.

Thanks guys!!
 
I dont know how come you got this doubt. Your I-94 is valid till ur visa expiration Date. you need not go out for extending the i-94??

please correct me if i am wrong
 
Hi canus_immi,

I appreciate your response.Let me clarify more.I got my 1st h1 from 3/2001 till 1/2004 so I have the stamp till 1/2004 from company A. In 3/2002 I got a new h1(3/2002 to 1/2005) not an extension and I went to canada and came back and INS officer gave me the I-94 till 1/2004 based on the H1 stamp in my passport. So now I have my I-797 valid till 1/2005 but my I94 is expiring in 1/2004.

I would greatly appreciate your reply.

Thanks
 
You need to think about visa stamping in your passport based on new H1B approval and for that either you can do that in India in American Embassy or you can get that done in USA too and you get I-94 stamp too !
 
Originally posted by Hpuser
So now I have my I-797 valid till 1/2005 but my I94 is expiring in 1/2004.
Click to expand...

Based on this, you *should* be able to file an I-539 requesting an extension of your H-1 status until the expiration of your H-1 petition. You'll need to send a copy of the I-797 along with the I-539.

Please note that you'll need to get a new visa stamp should you leave the US after the old stamp expires.
 
Hpuser,

What i am saying is while extending ur visa , INS will automatically extend ur i-94.

"In 3/2002 I got a new h1(3/2002 to 1/2005) not an extension "

What do you mean by this. How come you got new H-1. it must be extension.since you already working in US and if you apply ur new H-1 from US, then it will be extension.
Anyways check if there is no form bottam of i-129 approval
 
Hi canus_immi,

When I applied for new H1 in 2002 I was not working(I came from canada and visa was not required for visiting).First I got H1 in 3/2001 with company A and got it stamped.Then i got laid off in 5/2001 so I went to canada and came back in 12/2001 like a visitor(so no H1).I got new H1 in 3/2002 without I-94 so I went to canada and came back with a new I-94 but the expiry date was matching the date on visa on my passport from Company A and not the expiry date on new I-797( since I didnt had my passport stmped with new visa).So now my I-94 expires in 1/2004 and I-797 expires in 1/2005.

Thanks
 
Originally posted by Hpuser
So now my I-94 expires in 1/2004 and I-797 expires in 1/2005.
Click to expand...

Yes, this is an unusual situation, but possible. Use the I-539 to extend your NI status without leaving the country.
 
Originally posted by srini_king
you should be having a copy of your I-94 card on the right hand bottom corner of the H1 paper..
Click to expand...

He already said he didn't get an I-94 with his I-797, and even if he did, it's the most recent I-94 that governs his stay in the US. That clearly expires in January 2004.
 
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