H1b Extension - Valid I797 or Stamping/I94

[karthikkarthik]

Hi,

I got H1B visa in Sept 2007 and entered USA in Jan 2008. My I94 and I797 are valid till Sept 2010. I stayed with my first employer (who held my original H1) till Aug 2008 and then transferred to my present company in Sept 2008. I got a new I797 which is valid till Sept 2011. I have not left country ever since I entered.

My Question is:

1) when do I need to file for H1b extension. Is it before Sept 2010 (Visa Validity) or before Sept 2011 (I797 Validity)?

I heard that you can stay in the country till your I797 is valid (Sept 2011), however I do not want to take chances as the visa states till Sept 2010. I am curious because nowadays its pretty hard to get extensions, so thought if I am good to wait.

Please advice what needs to be done to maintain my status and file of the H1b extension.

Thanks,
Karthik

[shervin143]

When you are inside U.S, I-94 is the one which determines your valid status. So, you need to file for extension before your I-94 expires (That came with your transfer).