I-94 extention. How long does it take?

J

jula258

Registered Users (C)
My I-94 will expire in two months. I am working on collecting docs for an h1b status change. I am affraid that I might receive an H1b when my valid I-94 is expired.

Therefore, I thought to file an extention of I-94 on the basis of applying for an H1b. How long does it take to get an extended I-94 (I know they recommend to apply 45 days in advance)? For how long do they usually extend I-94?
 
jula258 said:
My I-94 will expire in two months. I am working on collecting docs for an h1b status change. I am affraid that I might receive an H1b when my valid I-94 is expired.

Therefore, I thought to file an extention of I-94 on the basis of applying for an H1b. How long does it take to get an extended I-94 (I know they recommend to apply 45 days in advance)? For how long do they usually extend I-94?
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What visa status are you in currently?
 
Thanks. I am on a visitor visa B2. However, I can not leave the country to get an H1b becuase I still have a two-year home resident requirement that I did not fulfill after my old J1 visa.
 
You need to fulfill the 2 year HRR if you want your COS to be successful. You reckon USCIS will grant you fresh non-immigrant status when you have not abided by the terms of your previous non-immigrant status?

jula258 said:
Thanks. I am on a visitor visa B2. However, I can not leave the country to get an H1b becuase I still have a two-year home resident requirement that I did not fulfill after my old J1 visa.
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Thanks guys.

I talked to a lawyer and it is possible to change status from B2 to H1b without fulfilling the 2 HRR, but it is not possible to get an H1b VISA. Also, it is imposible to change status directly from J1 to H1b but not from B2. So, everything looks pretty nice. Please correct me if I am wrong.
 
Triple citizen,

I need your corrections on thing that I did not ask the lawyer at the consulatation. My question was how long does it take to extend an I-94 and unfourtunately, I have not received an answer...Thanks
 
jula258 said:
Thanks guys.

I talked to a lawyer and it is possible to change status from B2 to H1b without fulfilling the 2 HRR, but it is not possible to get an H1b VISA. Also, it is imposible to change status directly from J1 to H1b but not from B2. So, everything looks pretty nice. Please correct me if I am wrong.
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You might want to be prepared for some grilling session by the consulate folks the next time when you go for your H1B stamping. The fact that you never remained true to your B-2 intention will NOT be taken lightly.

Secondly just in case if your COS is denied and if you had stayed past the I-94 date on your B-2 visa, your existing B-2 visa becomes void. Take all these risks in your mind.

I am sorry to say this, people like you who misuse the B-2 visa are the primary reasons why genuine folks have a tough time getting visitor visas.
 
Thanks for letting me know Chennai_123,

I agree with all what you said. Unfourtunately, I do not have a choise.

I am married to a US citizen. At the same time I am applying for a J1 waiver right now on no objection basis, and chances of getting it might be close to zero.

Being married to a US citizen makes me unable to apply for any non-immigrant visa (I arrived on my old B2, which I received a long ago before I got married), and having unfullfilled 2 year home residence requirement after J1 makes me unable to apply for any immigrant visa.

Only choise I have now is to change status to H1b (it is only a loophole), and meanwhile try to receive some waiver and proceed my immmigrantion to the US based on marriage.

I do not know what to do if my COS is denied. One the one hand, people say that if you overstay your visa it will be forgiven due to a marriage to a US citizen, on the other hand, I do not want to be an illegal immigrant.

I feel badly for using B2 to change my status, but it is only one choise I have. Thanks very much. J
 
Overstay will be fogiven, but you need a waiver for the unfullfillment of the 2 year HRR. Just last month my cousin (US citizen) hired a lawyer to seek a waiver for his J-1 status wife. Having a US husband and two US born kids still resulted in a denied waiver application.

jula258 said:
I do not know what to do if my COS is denied. One the one hand, people say that if you overstay your visa it will be forgiven due to a marriage to a US citizen, on the other hand, I do not want to be an illegal immigrant.
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Thanks Triple Citizen,
I am wondering if H1b does not work for me and I got out of status, I guess I will not be able to apply for (or get) a waiver if I am out of status, is that right? I am just affraid that my first waiver might be denied so I would like to apply for another one too.

Anyway, I think I saw that you received a waver. Congratulations! I have also my PR in Canada as well and I will probably loose it after staying and fighting for my immigration in the US. I would like to keep it very much but probably there is no way..

Sorry, I am affraid it might be not related to the topic much.
 
change of stauts

Hello Triple citizen
Thanks a lot for your help. I am also thinking to apply for change of status. I want to know if premium processing is available for change of status from B1/B2 to F1 as I am afraid that I might now get illegal during change of status or mentioning my immigrant visa during COS might not jeopardize my immigrant visa as I have been waiting for it for a very long time and now it seems to be getting closer.
Thanking in advance.
 
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