H1B and I94 expiring, I-797 valid

[indian549]

My H1B visa and I94 is expiring in feb 2014. My petition (I-797) is valid till jan 2015. I am currently in US. Do I need to file H1-B visa extension or can I apply for I94 date changed to I-797 expiry date? My passport is also expiring in Jan 2015 so Please advise what is best option for me.
Also i read some where the I797 extension is allowed only 6 month before the expiry.

What will be the case if I need to visit India between feb 2014 an jan 2015.

Thanks for help.

[kabkaba]

Two options
Your employer can file an extension
You can leave the US and return

Do this before the I-94 expires. Why does it expire earlier?

[raghvi]

My H1B visa and I94 is expiring in feb 2014. My petition (I-797) is valid till jan 2015. I am currently in US. Do I need to file H1-B visa extension or can I apply for I94 date changed to I-797 expiry date? My passport is also expiring in Jan 2015 so Please advise what is best option for me. thanks for help.

In order to stay beyond Feb 2014 you need to apply for I-94 extension via form I539. For H1s Form I539 also need to accompany form I129. So first thing go ahead and get your employer to do that.
If you want to leave US and return after Feb 2014 then you would need to go for fresh H1 stamping even if you have got the I-94 extension.

This is my opinion not legal advice.

[indian549]

Thanks for response

My Passport is expiring too in feb 15 . so will the visa expiry date be same as my passport expiry date?

[raghvi]

My Passport is expiring too in feb 15 . so will the visa expiry date be same as my passport expiry date?

Visa expiry is generally till petition expiry date.

This is my opinion not legal advice.