H1-B Extension

[omahablues]

Hi All,

My current H1-B expires on 31st of December 2008. However my I-94 was issued only until October 14th 2008 as it was the day my passport expires, ever since I have renewed my passport.

I tried to file for the H1-B renewal 6 months before the expiry of my I-94 however my employer told me that he would file for the extension in the first week of July as my H1-B was valid until 31st Dec'08.

I have 2 questions for which I would like clarifications:

1) Would I continue to be in status and stay in the USA if my I-94 expires but I have still a valid H1-B and my employer files for my H1-B extension in July.

2) Should I leave the USA sometime in July to get a new I-94 with a fresh I-94 until 31st Dec 2008.

Thank You all for your help.

[txh1b]

1. Yes

2. Your choice. But don't do that after the H1b extension has been filed.

Your employer can apply for an extension 6 months before the H1b I-94 expires not your H1b petition or visa. You need not wait till july but can apply now.

[omahablues]

Thank you very much Sir!