Jaxen,
My H1b extension is pending and I am traveling abroad tomorrow. Assume I do not go for the premium processing and come back with current H1b, which is expiring in Aug. I'll have a new I94 on my passport. My understanding is that INS might find out b/c this new I94 is different than the I94 I filed for the H1 extension, right?
Then how do I apply your suggestion to my case?
1. Filing I102 to file in the local INS office after getting the H1 approval and getting a new I94
2. Travel to the nearest POE and get the new I94"
Or do you have other suggestion that works well for my particular situation?
Since I am traveling tomorrow, I would really appreciate if you can get back to me today.
Thanks as always.
Quote Jaxen:
Explanation...
The primary issue for travelling when the H1 extension is pending is that the new H1 extension will come with an old I94, but you will have a new I94 (due to the fact that you are supposed to submit the old I94 while going out and get a new I94 while coming back).
Since the I94 that comes with the H1 approval provides you status to enable you to continue employment, ensuring the validity of I94 is important.
That is where the lawyer is coming. This problem has been fixed in the past by
1. Filing I102 to file in the local INS office after getting the H1 approval and getting a new I94
2. Travel to the nearest POE and get the new I94
Many have succeeded thus, some have not (dont know what they did wrong-people who make mistakes dont want to admit in these forums)
Zamana: yes you can file for extension 6 months before current visa expiry and request a later start date. And you can do premium processing...
__________________
-----------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So please act accordingly.
My H1b extension is pending and I am traveling abroad tomorrow. Assume I do not go for the premium processing and come back with current H1b, which is expiring in Aug. I'll have a new I94 on my passport. My understanding is that INS might find out b/c this new I94 is different than the I94 I filed for the H1 extension, right?
Then how do I apply your suggestion to my case?
1. Filing I102 to file in the local INS office after getting the H1 approval and getting a new I94
2. Travel to the nearest POE and get the new I94"
Or do you have other suggestion that works well for my particular situation?
Since I am traveling tomorrow, I would really appreciate if you can get back to me today.
Thanks as always.
Quote Jaxen:
Explanation...
The primary issue for travelling when the H1 extension is pending is that the new H1 extension will come with an old I94, but you will have a new I94 (due to the fact that you are supposed to submit the old I94 while going out and get a new I94 while coming back).
Since the I94 that comes with the H1 approval provides you status to enable you to continue employment, ensuring the validity of I94 is important.
That is where the lawyer is coming. This problem has been fixed in the past by
1. Filing I102 to file in the local INS office after getting the H1 approval and getting a new I94
2. Travel to the nearest POE and get the new I94
Many have succeeded thus, some have not (dont know what they did wrong-people who make mistakes dont want to admit in these forums)
Zamana: yes you can file for extension 6 months before current visa expiry and request a later start date. And you can do premium processing...
__________________
-----------------------------------------
IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So please act accordingly.