I-94 Query

T

Tim Willis

Registered Users (C)
I-94 Situation
Here are details of my situation:

1. Went to India on an H1-B visa that was expiring in February 18, 2004
2. I had an H1-B extension case pending with the USCIS which got approved while I was in India (Approval date: January 9, 2004)
3. Approval notice says visa extended till December 2005. (I-94 is attached to the approval notice)
4. I returned to the US on January 18, 2004, I did not have the approval notice with me at the POE.
5. At the port of entry the officer put an expiry date of February 18, 2004 on the I-94

My question is, do I need to file for an H1-B extension again? I had heard something regarding this ‘Last Action Rule’, so am a little unsure about what needs to be done.

BTW, I do have my I-485 AOS case pending with the USCIS for more than a year. Worst case, my H1-B would be considered abandoned right?
 
Originally posted by Tim Willis
I-94 Situation
Here are details of my situation:

1. Went to India on an H1-B visa that was expiring in February 18, 2004
2. I had an H1-B extension case pending with the USCIS which got approved while I was in India (Approval date: January 9, 2004)
3. Approval notice says visa extended till December 2005. (I-94 is attached to the approval notice)
4. I returned to the US on January 18, 2004, I did not have the approval notice with me at the POE.
5. At the port of entry the officer put an expiry date of February 18, 2004 on the I-94

My question is, do I need to file for an H1-B extension again? I had heard something regarding this ‘Last Action Rule’, so am a little unsure about what needs to be done.

BTW, I do have my I-485 AOS case pending with the USCIS for more than a year. Worst case, my H1-B would be considered abandoned right?
Click to expand...

The latest issued I-94 controls the authorized period of work and stay. In your case it is Feb 18, 2004.
You have 2 options, one is to file for another H1 extension with BCIS. The other is to switch to EAD in which case you will also need AP for traveling outside US.
 
You can also go out of US like Canada or Mexico and can get new I-94 by showing the valid H1 visa stamp AND new Approval notice and you will get new I-94 when you enter US, this should be done before your current passport Visa stamp expires

Or
You file new application for H1 extension before your I-94 expires that you got at POE.
Or
Can switch to EAD if I-140 is approved and I-485 pending and you have valid EAD in hand
 
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