H1B Visa Amendment : Reduced H1B Duration

[ashwin.malgaonkar]

Hi All,

My H1B visa amendment was filed in May-2015 because I moved from one client location to another. My prior H1B petition was valid till Jul-2017 and so was my I94.

It took more than 4 months to get amendment approval and now USCIS has only kept the validity of my petition till Dec-2015. Thus reducing my period of stay. My I 94 still has end date as Jul-2017 but amended petition end date is Dec-2015. I have following questions, cans one one please clarify -

1) Why would USCIS reduce my petition validity. I had submitted MSA/SOW ending till Dec-2016 but my visa is now ending in Dec-2015. Is this a mistake on my attorney's part? Can this be questioned to USCIS ?
2) Do I need to file extension now ?
3) I had been waiting for months to file H4 for my wife to get a result of amendment and now it is approved only till Dec-2015.Can I file H4 for my wife now and can she travel on my current petition till 31-Dec-2015, since my extension will be filed soon, if required.
4) I need to travel to India in Nov-2015, Will this change my I94 expiry date ? and will this impact my H1B extension petition (if I need to file one).

Thanks and Regards,
Ashwin

[shervin143]

1) Why would USCIS reduce my petition validity. I had submitted MSA/SOW ending till Dec-2016 but my visa is now ending in Dec-2015. Is this a mistake on my attorney's part? Can this be questioned to USCIS ?
>>> It is hard to say. It would be based on the documents submitted by your employer. If USCIS feels that the project would go only till Dec 2015, then they will approve it only for that duration.

2) Do I need to file extension now ?
>>> Yes.

3) I had been waiting for months to file H4 for my wife to get a result of amendment and now it is approved only till Dec-2015.Can I file H4 for my wife now and can she travel on my current petition till 31-Dec-2015, since my extension will be filed soon, if required.
>>> When you say filing H4, are you talking about H4 visa or H4 petition. Is your wife currently in U.S or outside?

4) I need to travel to India in Nov-2015, Will this change my I94 expiry date ? and will this impact my H1B extension petition (if I need to file one).
>>> You should not travel if an extension is filed and pending. If you travel, then the extension will be denied. One option is return back and then file the extension. Extension should be filed before your latest I-94 (The one that came with your amendment) expires. You can file the extension in premium and get the result within 15 days.

[ashwin.malgaonkar]

1) Why would USCIS reduce my petition validity. I had submitted MSA/SOW ending till Dec-2016 but my visa is now ending in Dec-2015. Is this a mistake on my attorney's part? Can this be questioned to USCIS ?
>>> It is hard to say. It would be based on the documents submitted by your employer. If USCIS feels that the project would go only till Dec 2015, then they will approve it only for that duration.

2) Do I need to file extension now ?
>>> Yes.

3) I had been waiting for months to file H4 for my wife to get a result of amendment and now it is approved only till Dec-2015.Can I file H4 for my wife now and can she travel on my current petition till 31-Dec-2015, since my extension will be filed soon, if required.
>>> When you say filing H4, are you talking about H4 visa or H4 petition. Is your wife currently in U.S or outside?

4) I need to travel to India in Nov-2015, Will this change my I94 expiry date ? and will this impact my H1B extension petition (if I need to file one).
>>> You should not travel if an extension is filed and pending. If you travel, then the extension will be denied. One option is return back and then file the extension. Extension should be filed before your latest I-94 (The one that came with your amendment) expires. You can file the extension in premium and get the result within 15 days.

Thank you Shervin. My wife is outside US. I was waiting for amended petition to be approved in order to file her H4 petition. Can my employer file her H4 now when my petition is expiring on 31-Dec-2015, what is the risk for her H4 being denied ? If the premium petition goes under RFE, will I still have to wait for the result, to travel outside country ?

Thanks again for your response.

[ashwin.malgaonkar]

Also, as per the information provided by my employer the confusing thing is Petition validity end date is - 31-Dec-2015 but I94 expiry date is 30-Jul-2017. Is the validity date on I797 same for I94?

[shervin143]

You cannot file a H4 petition when the person is outside U.S. There is no need to file H4 petition for your wife since she is outside U.S now. Once your H1B petition gets approved, she can use that to travel to U.S on a valid H4 visa. She will get an I-94 at the POE matching your new petition expiry date.

Thank you Shervin. My wife is outside US. I was waiting for amended petition to be approved in order to file her H4 petition. Can my employer file her H4 now when my petition is expiring on 31-Dec-2015, what is the risk for her H4 being denied ? If the premium petition goes under RFE, will I still have to wait for the result, to travel outside country ?

Thanks again for your response.

- - - Updated - - -

Why are you relying on the employer to find this out. Don't you have the approval notice and the I-94 with you. There is no way the I-94 could have been issued until 2017 when the petition itself is expiring on 2015. Get all the documents and check it properly. You are supposed to have your H1B approval notice and I-94 with you.

Also, as per the information provided by my employer the confusing thing is Petition validity end date is - 31-Dec-2015 but I94 expiry date is 30-Jul-2017. Is the validity date on I797 same for I94?

[ashwin.malgaonkar]

Hi Sherwin,

The problem is now I have 2 I94s and I do not know which one trumps over the other. During amendment process, I travelled outside country. The latest I94 (issued at port of entry) as per the website is valid till Jul-2017 and the previous I94 which is on my amended petition is valid till Dec-2015.

The petition amendment was approved 4 days after I returned back to US.

If I file an extension even now, my latest I94 as per website, shows Jul-2017.


Regards,
Ashwin

[shervin143]

The web site will only show the I-94 that is issued at the POE (Entry / Exit record) and it will not show the I-94 that comes with the petition itself (Amendment, COS, transfer or extension). Whichever I-94 you received last will be the active I-94. Search and read about the last action rule. As per your description below, your status will expire this December and so an extension need to be filed or you should leave the country and re-enter back to get a new I-94 at the POE.

Hi Sherwin,

The problem is now I have 2 I94s and I do not know which one trumps over the other. During amendment process, I travelled outside country. The latest I94 (issued at port of entry) as per the website is valid till Jul-2017 and the previous I94 which is on my amended petition is valid till Dec-2015.

The petition amendment was approved 4 days after I returned back to US.

If I file an extension even now, my latest I94 as per website, shows Jul-2017.


Regards,
Ashwin

[kabkaba]

Reading the thread above, if the project ends on Dec 2016 and appropriate documentation was provided, your employer can also file an appeal or reconsideration for USCIS's mistake. A better route is of course to just file extension.

[hellobuddy]

Amendment override my extension and can i travel?

Hello friends,
I am very bad situation, I am having stamping till Nov 2018, but my amendment for new location approved till dec 2017. I traveled to India hoping that i can return but now people are saying that till your extension is not approved you can not travel again. Please suggest whether i can travel to my old location for which my stamping is done till Nov ?
or I can not travel at all?