H1 Pettition valid till Dec-2015, but i94 valid till May-2014

[varavikuamr]

Hi,
I recently came back to USA . My H1 petition valid till Dec 2015, but i received I-94 till May 2014. How can i get extend i-94 validity? can i extent only i-94 till my h1 petition valid date ? or i should come through port of entry again to get new i-94 ? or i should apply for VISA extension again ?

Appriciate your reply.

-Ravi

[raghvi]

Hi,
I recently came back to USA . My H1 petition valid till Dec 2015, but i received I-94 till May 2014. How can i get extend i-94 validity? can i extent only i-94 till my h1 petition valid date ? or i should come through port of entry again to get new i-94 ? or i should apply for VISA extension again ?

Appriciate your reply.

-Ravi

Visa, petition and I-94 are three different things.

One needs a valid petition to get a visa. One needs a valid US to reach a US Port of Entry. A new visa can only be got at a consulate outside US. One needs valid I-94 to stay in US.

When is your H1 visa in the passport expiring? I am wondering why you got I-94 only till May 2014. Is your passport valid only till May 2014?

This is my opinion not legal advice.

[nehaali]

Thanks a lot. This is really helpful

[varavikuamr]

Visa, petition and I-94 are three different things.

One needs a valid petition to get a visa. One needs a valid US to reach a US Port of Entry. A new visa can only be got at a consulate outside US. One needs valid I-94 to stay in US.

When is your H1 visa in the passport expiring? I am wondering why you got I-94 only till May 2014. Is your passport valid only till May 2014?

This is my opinion not legal advice.

Thanks for your reply. I understand. Here are the clear details on my question.

I recently came back to USA from india vacation....

Previous employer VISA stamping valid till : 2014 May 08(stamped)
new transfer petition valid till : 27 Dec 2015( not stamped)
I-94 valid(last week i returned from india) : 2014 May 18

I entered in to USA without new stamping for new employer as i still have valid stamping in my visa for previous employer...

Q1) what are the options to extend my I-94 validity without going to other country and entering thru port of entry ?
Q2) I am planning to bring my Spouse to USA , in that case i should use previous employer VISA or current employer VISA for her H4 petition ?

it really confusing. please help me understand.

Thank you so much

[raghvi]

Thanks for your reply. I understand. Here are the clear details on my question.

I recently came back to USA from india vacation....

Previous employer VISA stamping valid till : 2014 May 08(stamped)
new transfer petition valid till : 27 Dec 2015( not stamped)
I-94 valid(last week i returned from india) : 2014 May 18

I entered in to USA without new stamping for new employer as i still have valid stamping in my visa for previous employer...

Q1) what are the options to extend my I-94 validity without going to other country and entering thru port of entry ?
Q2) I am planning to bring my Spouse to USA , in that case i should use previous employer VISA or current employer VISA for her H4 petition ?

it really confusing. please help me understand.

Thank you so much

Lately this has been the trend. Immigration officers at Port Of Entry are granting I-94 only till actual Visa End Date in the passport not till the new petition end date. I believe this is to encourage people to go ahead and get a new stamping done in order to get I-94 as per new petition and visa, so as to verify the new employee details again at the consulates.

1. If you dont want to leave US and go for stamping then you can file I539 along with I129 by submitting the new employer's I797.
2. Your spouse should carry the new I797 along with the other relevant documents listed https://www.immihelp.com/h4-visa-stamping-documents/

This is my opinion not legal advice.