H1B Expiration and renewal

[immiship]

Hi All,

My H1B VISA is getting expired on 07 FEB 2009 but my I -94 expiration is in July 2009. when i asked my HR to apply for the renewal they said below.

"""The company H1B approval is valid until July 2, 2009. Therefore, no extension is required, or can be filed, at this time"""

Please let me know if thats okay.

Thanks a lot!!!!

[txh1b]

That is incorrect. Irrespective of date on I-94, you need to have a valid H1b petition or approved I797 to work. That is the "DHS Authorization" to work.

Talk to your attorney, not the HR.

If what they said were true, one could work for any employer as long as the I-94 is valid which is not the case.

[immiship]

HI extension

Yes i have 1-797 approval till July 2009. so that should be fine right.

Thank you so much for ur reply

[txh1b]

Yes, Visa expiration does not matter once you are inside the US. You need a valid petition and a valid I-94.