Switching from H1 to EAD to H1

[hkapoor]

I94 valid from..

Hi Ginnu, Justdoit, Ramsaiin, prman, RPM and hkapoor,

I have a update on this post, I got some clarity surrounding I-94 validity after talking to CBP officer and attorney.

What I found is, 'From Date' on new I-94 (came along with H1-B extension) indeed rules. The extension that was approved takes effect from Feb'26 2010, which arguably would be the last action in the sequence of events and would thus be controlling.

So, the current I-94 which is going to expire on Feb'25 2010 and the new I-94 (on H1-B extension) is going to be effective from Feb'26th even though they have two different numbers. I got it clarified by CBP officer that the validity of I-94 is more important than the order of I-94's we received. Hence, 'From Date' on H1-B extension has significance.

Thanks.

Hi,

Thanks for the information. But as per my experience I am not sure CBP officers know all these nitty gritties..! but attorneys would definitely know.
If from date is last action date, then what would happen in the following case:
Current H1B valid till 03/2010
extension applied and received valid from 03/2010 to 03/2012 (2 years only)
NOW, if transfer is applied and transfer is valid from 02/2010 to 02/2013 (3 years)
But if last action date ("from date" of extension) is considered then person will go out of status after 03/2012!!

Worth a thought!!

Regards,
HK

 

[forumuser1]

If from date is last action date, then what would happen in the following case:
Current H1B valid till 03/2010
extension applied and received valid from 03/2010 to 03/2012 (2 years only)
NOW, if transfer is applied and transfer is valid from 02/2010 to 02/2013 (3 years)
But if last action date ("from date" of extension) is considered then person will go out of status after 03/2012!!
Worth a thought!!
Regards,
HK

I would say if transfer goes through then I-94 (expiry in 02/2013) on transfer should be valid one since there are two 'From Dates' and last 'From Date' rules previous 'From Date'...I guess so. But this case is different from mine.

Thanks.

 

[hkapoor]

I would say if transfer goes through then I-94 (expiry in 02/2013) on transfer should be valid one since there are two 'From Dates' and last 'From Date' rules previous 'From Date'...I guess so. But this case is different from mine.

Thanks.

Hi foruumuser1,
yes, it is different from yours.. but i am not sure from date would be considered as last action date!!
In the scenario above, extension from date is 3/2010 (I94 valid till 2012) and transfer from date is 2/2010 (I94 valid till 2013).
Then would I94 will be valid till 2012 or 2013, as per last action date it should be 2012!! I believe last action happens on the date of action!! Not sure..

 

[forumuser1]

Hi foruumuser1,
yes, it is different from yours.. but i am not sure from date would be considered as last action date!!
In the scenario above, extension from date is 3/2010 (I94 valid till 2012) and transfer from date is 2/2010 (I94 valid till 2013).
Then would I94 will be valid till 2012 or 2013, as per last action date it should be 2012!! I believe last action happens on the date of action!! Not sure..

Hi hkapoor,

I don't know if I will be asked any questions at Canada Border surrounding new H1-B memo if I do turn around using H1-B.

What will happen if I go out and come back on AP, will it have any I-94 issues? will I still be on H1-B extension?

Thanks.