I have a question on the Stay in USA and Applying H1B.

[mehesh_1961]

Hi,
I have a valid visa till Feb 2013 to stay in USA and Validity on I-94 upto Mar-2014.
My Question: can I apply H1B on the month of April 2013?

Thanks in advance

[shervin143]

When is your H1B petition expiring? Usually the I-94 is issued till the H1B petition expiry date.

Hi,
I have a valid visa till Feb 2013 to stay in USA and Validity on I-94 upto Mar-2014.
My Question: can I apply H1B on the month of April 2013?

Thanks in advance

[mehesh_1961]

Hi

When is your H1B petition expiring? Usually the I-94 is issued till the H1B petition expiry date.

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Thanks for the quick response. Yes, my petition is expirting on 13- Feb-2013. but I got 1 year extra validity in I-94. even they are proviced same validity for my wife I-94 also.

[shervin143]

I am not sure how the I-94 was issued for a duration longer than the petition expiry date. That happens only in case of L1 blanket petitions and not for H1B. Anyways, you can file the extension before the H1B petition expires. Just make sure the documents reach USCIS before the petition expiry date (just in case the I-94 was issued wrongly by mistake). Technically you can stay and work until the I-94 expiry date without filing the extension. But in your case, it is advisable to file the extension as per the petition expiry date (Because, if the I-94 was issued by mistake, then it can be a problem).