Question regarding I-94 extension

[gjainnk]

Hi,

I went to India in Aug 2012 and I got my H1 visa stamped with an expiration date of Jan 2015 but when I entered in the USA, they gave me I-94 date of June 2013. This is because my passport was expiring in July 2013. I have got a new passport now and my employer is planning to file for H1-extension so that I can get a new/extended I-94 but my question is - if for some reason they don't extend my H1 and send RFE on the petition, then would I still have the option of leaving and entering the USA to get a new I-94 (because my visa is valid till Jan 2015.)

Thanks in advance for your suggestions.

[kabkaba]

Hi,

I went to India in Aug 2012 and I got my H1 visa stamped with an expiration date of Jan 2015 but when I entered in the USA, they gave me I-94 date of June 2013. This is because my passport was expiring in July 2013. I have got a new passport now and my employer is planning to file for H1-extension so that I can get a new/extended I-94 but my question is - if for some reason they don't extend my H1 and send RFE on the petition, then would I still have the option of leaving and entering the USA to get a new I-94 (because my visa is valid till Jan 2015.)

Thanks in advance for your suggestions.

If the previous petition is not revoked, you can still use that.