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I-94 Extension (H1-B)

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  • I-94 Extension (H1-B)

    I-94 Extension (H1-B)
    I arrived in US on H1B visa in May 2007 and worked for a company X for two years. I joined another company Y in May 2009 on a new approved H1B petition and was employed with them until May 2017. This company also filed for my immigrant visa and I received Labor and I-140 approval on February 2012.
    I switched jobs in May 2017 and joined my current employer on a new approved H1B petition that is valid until April 2020. I used the approved I-140 from the previous employer to support my H1B application as I had crossed the 6 years cap on H1B employment.
    I was out of the country for a week in September 2017 and when I arrived back in US, at the port of entry, the CBP officer gave me a new I-94 valid until April 2018 (passport expiry date). Since then I have renewed my passport.

    - How do I get end date on my current I-94 extended to match that of my current H1B petition that is valid until April 2020?
    - Is there a way to extend the stay without leaving the country?
    - If I leave the country and return back, will I get new I-94? My visa stamp expires in May 2018.
    - If a new I-94 is issued at the PoE, will the date on it match validity of H1B petition or Visa stamp?

    Thanks.

  • #2
    Originally posted by xaanaadoo View Post
    I-94 Extension (H1-B)
    I arrived in US on H1B visa in May 2007 and worked for a company X for two years. I joined another company Y in May 2009 on a new approved H1B petition and was employed with them until May 2017. This company also filed for my immigrant visa and I received Labor and I-140 approval on February 2012.
    I switched jobs in May 2017 and joined my current employer on a new approved H1B petition that is valid until April 2020. I used the approved I-140 from the previous employer to support my H1B application as I had crossed the 6 years cap on H1B employment.
    I was out of the country for a week in September 2017 and when I arrived back in US, at the port of entry, the CBP officer gave me a new I-94 valid until April 2018 (passport expiry date). Since then I have renewed my passport.

    - How do I get end date on my current I-94 extended to match that of my current H1B petition that is valid until April 2020?
    You can't change your I-94; you can only get a new I-94, either by extension of status or by entering the country.

    Originally posted by xaanaadoo View Post
    - Is there a way to extend the stay without leaving the country?
    Yes. Your company can file another I-129 to extend your status.

    Originally posted by xaanaadoo View Post
    - If I leave the country and return back, will I get new I-94? My visa stamp expires in May 2018.
    Yes, usually. But if you re-enter after a brief visit to Canada or Mexico there is a chance the officer will just admit you on Automatic Revalidation on your previous I-94.

    Originally posted by xaanaadoo View Post
    - If a new I-94 is issued at the PoE, will the date on it match validity of H1B petition or Visa stamp?
    The petition

    This is my personal opinion and is not to be construed as legal advice.

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