Passport expiry in April

[salilsurendran]

I called up the USCIS office and they are saying that my employer would have to formally file for an extension of I-94. This is driving me nuts. I am not able to get any kind of proper information. Most of the forums and people tell me that i should go to the local CBP or USCIS office. what is the right process here?

[txh1b]

You have been told about the options. Nothing new. If you want, you can travel out and re-enter to get a new I-94.

USCIS local office has got NOTHING, I repeat NOTHING to extend your I-94. Only CBP can or USCIS service center can.

[salilsurendran]

OK. I visited the local USCIS office today. The person at the counter gave me an I-539 form and asked me to mail it to Vermont location. He said that it is ok if i just send the application by April 10th, I will be considered as in status. The filing fee for this form is $300. Should I send the original I-94 along with the form? The form also mentioned something like efiling?

[txh1b]

You are going to ruin your future on your own by doing something stupid. Local USCIS office employees do not know the laws or the right procedure.

Either talk to a lawyer or your employer/HR department.

Form I539 will NOT extend your H1b. I539 is for other status. H1b can only be extended by form I129 and that has to be filed by the employer ONLY.

Rest is in your hands. I am done with this thread as you don't seem to be getting the seriousness of it and doing all sorts of things without proper direction inspite of telling you what needs to be done.

Good luck!

[salilsurendran]

I don't need an extension of H1B. My H1B is valid till 2011. My I-94 is what needs extension. I have already mentioned this in my first post. I already have a I-129 valid till 2011.

[txh1b]

Whatever..... To extend a I-94 for H1b, the H1b extension is a requirement irrespective of what your 797 date is. You are not getting the point.

If you don't want to do it, travel out and come back.

[salilsurendran]

What point are you making? My H1B is valid till 2011 so why the hell do i need an extension?

[txh1b]

My H1B is valid till 2011 so why the hell do i need an extension?

Correct. You don't need an extension. You need to use I539 and apply for extending your I-94 which will anyway be denied thereby extending your unlawful presence.

Where the heck did you find on form I-539 that it can be used for extending H1b I-94?

Do yourself a favor. If you don't know the laws, have an ear to listen to others that know a bit about it or go visit an attorney. Mark my words, If not, you will be kicking yourself after April 10th for not listening to what was on the forum.

Ignorance is bliss!