Please help! H1 & I94 expired

Y

yum333

New Member
Hi. I need your urgent help. My H1B & I94 expired last week, and I still haven't found a new sponsor. My employer of 3 years agreed on writing the letter for revalidation, but only to keep my status. (They cannot keep paying me.) What happens in that case? Am I back to H1B status if I revalidate the visa? And is there any penalty to my employer?

Also, I was thinking of doing it in my country because it will take less time. I also have to renew my passport for the visa revalidation because it will also expire in April 2003.

My question is what happens if I get revalidatoin, but not employed by the sponsor? I know they are supposed to pay me, but am I out of status if they don't pay me? Is it possible? And should I do the revalidation in US or in my country?

Thank you in advance for your help.
 
30-60 days from non payment your H1 will turn invalid. It is better to find an employer before that period.
 
The H-1 has ALREADY expired according to the post. The I-94 expired. Have you filed an I-129 to extend your status? The I-129 is what controly your status here and you stated that yours has expired, therefore you are out of status and accumulating overstay (and subject to detention and deportation) if I understand the situation correctly.

You need more than a letter from the sponsoring employer to maintain your status and get your I-94 renewed, you need an approval notice from INS.
 
Question to Jaxen and Jim

Hello, guys. Thank you for responding my question. I now know that I am out of status, but isn't the grace period 30 days?

Also, Jim, you said I need more than a letter to revalidate in this case. What is it I need?
 
One more question

Hi. I thought I can revalidate the visa if the visa is not expired for 1 year when I do it in my country. Plus, aren't the required documents a letter from the employer and DS-156?

Or do I still have to file I-129 in this case?

Thank you.
 
Unfortunately theres no grace period allowed by the INS which deems a person to be out of status from the day the I-94 expires. It is at the INS' discretion whether or not to extend subsequent extensions - and while it may look the other way for small periods of overstay (like <30 days) - it is entirely at the INS' discretion.

You cannot revalidate a visa without an underlying and valid I-797/I-94. Check the doc requirement from DOS - it requires a valid I-797 (notice of approval). Status is governed ONLY by valid I-94 issued either @ POE or attached to the I-797 (not the visa or anything else)

Recommend you find an employer to sponsor and file I-129 ASAP, otherwise make arrangements to leave the country so dont accrue further illegal presence (in no case stay beyond 180 days as this triggers 3/10 year bars)
 
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