Simple question_ H1b Expiring

[paydarh]

Hi guys,

I have my i-94 and the very first I797 expiring on Feb 28, 2013. I got a new I797 when I transferred my H1 to the new company last

year and it will expire on 2015. So now I have an i-94, expiring on Feb 28, 2013 and an I797 expiring on 2015.

I need to know if I could stay in the US until my i-94 validity or i797? If until i-94 validity, then what is the i797 validity date

for? Should I renew it right now? How long would the process take?

I would appreciate you valuable answers.

[raghvi]

Hi guys,

I have my i-94 and the very first I797 expiring on Feb 28, 2013. I got a new I797 when I transferred my H1 to the new company last

year and it will expire on 2015. So now I have an i-94, expiring on Feb 28, 2013 and an I797 expiring on 2015.

I need to know if I could stay in the US until my i-94 validity or i797? If until i-94 validity, then what is the i797 validity date

for? Should I renew it right now? How long would the process take?

I would appreciate you valuable answers.

When is the visa in your passport expiring?

Why is that when you did a transfer and received a new I797 you didnt get a new I-94 ? It should be attached the to I797 approval notice Check with your employer.

If not you can go to the nearest CBP post to get a new, if they refuse to do so , only option would to leave US and re enter.

This is my opinion not legal advice

[paydarh]

Raghvi thanks for the quick response. The visa shows Exipration date 16SEP2010 which is related to the due date that I could get in the US.

As far as i-94 I have to ask my employer, however I think if he had received that, he would have let me know.

So based on what you mentioned, it looks like i-94 determined by when I could stay in the US, no the I979.

I am currently not in the same state as the state my employer is located at, as I am working in a diffrent state for a contract.

Would you happen to know if there is a way to get the new i-94 without refering physically to the CBP in my employer state?

[kabkaba]

Does the new approval notice have an I-94 at the bottom? Does the wording state that extension of status has been approved?

[paydarh]

Kabkaba, I just read the petition carefully , it does state:

“The above petition and extension of stay have been approved. The status of the named foreign worker in this classification is valid as indicated above. The foreign worker can work for the petitioner, but only as detailed in the petition and for the period authorized.
The petitioner should keep the upper portion of this notice. The lower portion should be given to the worker. He should keep the right part with his form i-94.”

So it looks like my i-94 (which I don’t know where it is!) was extended as well.
Right? If so, would the validity for the i-94 be same as the i797 which is 3/2/2012 to 9/5/2014?

[kabkaba]

Yes

[paydarh]

Yes

Thanks kabkaba.