H1b Extension - 2 I 94s

[salem]

Hi,

My H1b extension was filed on April 13 2016 , as my I 94 was expiring on May 10 2016. Since I had a valid visa, until November 29 2016, I went on a vacation to India in September and when I returned a new I 94 was given to me valid until December 9 2016.

My extension is still in review status at USCIS. Usually when we have filed for extension we can stay until i 94 expiration date + 240 days. since i have got a new I 94 does that mean i can stay until December 9 + 240 days or i need to leave in US in january (based on May 10 + 240 days). Please can someone explain this.

Thanks in advance

[SKDS160]

Hi,

My H1b extension was filed on April 13 2016 , as my I 94 was expiring on May 10 2016. Since I had a valid visa, until November 29 2016, I went on a vacation to India in September and when I returned a new I 94 was given to me valid until December 9 2016.

My extension is still in review status at USCIS. Usually when we have filed for extension we can stay until i 94 expiration date + 240 days. since i have got a new I 94 does that mean i can stay until December 9 + 240 days or i need to leave in US in january (based on May 10 + 240 days). Please can someone explain this.

Thanks in advance

Sine you left the country when your extension application was in process, it will most likely be approved without an I94. I believe you should change it to premium now, and if it is approved without a new I94 you have to leave and reenter with a new visa stamp.

[salem]

Sine you left the country when your extension application was in process, it will most likely be approved without an I94. I believe you should change it to premium now, and if it is approved without a new I94 you have to leave and reenter with a new visa stamp.

Kindly explain more in detail. My old petition has not been approved yet, it says still in review. Do i need to file a new petition now? or upgrade the old to premium.

[TeresaHurst]

Seek Legal Advice

Hi,

My H1b extension was filed on April 13 2016 , as my I 94 was expiring on May 10 2016. Since I had a valid visa, until November 29 2016, I went on a vacation to India in September and when I returned a new I 94 was given to me valid until December 9 2016.

My extension is still in review status at USCIS. Usually when we have filed for extension we can stay until i 94 expiration date + 240 days. since i have got a new I 94 does that mean i can stay until December 9 + 240 days or i need to leave in US in january (based on May 10 + 240 days). Please can someone explain this.

Thanks in advance

Since you are in a state of NO confirmation... I would advice to consult with a legal immigration adviser and not to be in a doubt..
*This is my opinion not a legal advice*