I-94 valid date on approved H1 notice

J

jayaram chaturv

Registered Users (C)
Hi there

My H1B-6 year term expires NOV-2004. My company applied for the Last extension on dec 2003. Then I have decided to change the company so upgraded the process to premium and got the H1 apporval Notice. But Approved Notice says my I-94 is valid until Dec 2005 (instead of NOV 2004).

I have no intentions of taking advantage of this as I will be filing I-140 and I-485 with new company immediately once I get the H1 transfer filing Reciept.

1) Can I go ahead and use this notice for my H1 transfer as I am changing the job ?

2) Do I need to inform to my lawyer or INS about this I-94 valid date and wait for the correction(I may lose time in this process) ?

Please let me know.
Thanks in advance
Jayaram
 
1. Yes
2. No need to filefor correction. USCIS does things like that. It is your responsibility to leave US or change status after 6 years.
 
One more question

Hi

Thanks for the reply. I have one more question on this.

Because I will be filing I-140 & 485 after changing the employer, may be this or next month. I want to be on my H1 status till I-140 is cleared (by keeping in mind that, for some reason if 140 gets rejected 485,AP,EAD will also be rejected and will be out of status). My question is

1) If New approval (after changing the employer) also says I-94 is valid till dec 2005, still can I apply for the 7th year extension basing on I-140 filing reciept at the end 6-year term (NOV 2004) ?

2) Are there any cases that INS will correct the I-94 valid date on new H1 approval when employee changes employer, as in my case ?

Thanks in advance
Jayaram
 
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