h1b expiring soon

[gkarthik21]

hi

my h1b is expiring sep 2011 and i am in the process of applying for a ext..i have few questions please reply on those

1. since the expiration is sep 2011 how many days we have to apply for ext

2. if the visa expires can i still stay in the US or i have to leave

3. if i can stay can we apply for ext after it h1b visa expires or i have to apply for fresh h1b

4. can i go to india and come back before sep 2011

thanks

[shervin143]

1. since the expiration is sep 2011 how many days we have to apply for ext
>>> You can file the extension 6 months before the I-94 expiry date. It is advisable to file it as early as possible instead of waiting till the last minute. Your application for extending the status should reach USCIS before your current I-94 expires.

2. if the visa expires can i still stay in the US or i have to leave
>>> Visa is only a entry document to U.S. When you are inside U.S, your I-94 will decide when your status will expire.

3. if i can stay can we apply for ext after it h1b visa expires or i have to apply for fresh h1b
>>> Visa means nothing when you are already inside U.S. Read the previous reply. File the extension way before your I-94 expires.

4. can i go to india and come back before sep 2011
>>> Not advisable to travel when a petition is filed with USCIS. You can travel and return back before your file the extension. Or get the extension approved and then travel.

[gkarthik21]

in my I-94 the date is same as the date of the expiration date in my visa..if my visa is not extended before the date i have to leave US ?

also one more question if i get my extended for another 3 years and i got to india do i need to go for stamping with the US embassy

[shervin143]

in my I-94 the date is same as the date of the expiration date in my visa..if my visa is not extended before the date i have to leave US ?
>>> You don't need a valid visa to stay in U.S. It has to be valid only when you enter U.S. When you file the extension of stay, the EOS will come with a new I-94. You can stay in U.S using that I-94 (even if the visa is expired). When you go out of the country and want to re-enter, you will need to get the visa stamped.

also one more question if i get my extended for another 3 years and i got to india do i need to go for stamping with the US embassy
>>> To enter U.S you need a valid visa. If you already have a valid H1B visa in the passport, then you can use that to re-enter U.S with the new approval notice.