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H1b Visa Validity - Petition End Date, Stamped Visa Date Or I-94 Date

Discussion in 'Nonimmigrant Visa Validity' started by smtech, Dec 12, 2016.

  1. smtech

    smtech Junior Member

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    Dear Ron,

    Please advise on my situation when you get a chance. I have a valid H1B visa stamped on my passport till May-2017. Currently, I am back in India exiting US in Oct-2016. The last I-797 on which I travelled to US has an expiry date of 31-Dec-2016. The I-94 date stamped at POE is the same as the visa on my passport i.e., May-2017.

    My company is now planning to file an amendment and extension for a new client. The company's immigration team says my visa expires on 31-Dec-2016, whereas my understanding is that the visa expiry is May-2017 based on the I-94 date and the visa stamped date on my passport. Please advise on what is the correct expiry date based on the above facts.

    Thanks in advance.
     
  2. donisback

    donisback Guru

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    Your current i-797 expires on Dec 31st. Unless you have a new i-797 your work authorization ends there. Your visa stamp in your passport expires in May 2017. Your visa stamp can be used after Dec 31st with any new approved i-797 ( with your current company or new company) until May 2017.

    Your i-94 in this case means nothing because you are outside USA. If you have a new aproved i-797 with a new client you will be issued a new i-94 along with new approved i-797
     
  3. Greeeeencard

    Greeeeencard Guru

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    If you came back to USA, and then got I-94 till May, 2017, then you are right, you have expiry date till May, 2017, but if you are out of USA, then your company attorney is right, Dec 31.
     
  4. smtech

    smtech Junior Member

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    Thanks for your responses. Does it mean that the extension petition has to be filed before 31-Dec? After that date it will be new petition under the out-of-cap category. Am I right?
     
  5. donisback

    donisback Guru

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    No. As you are abroad the whole thing with your dates does not matter when you file extension + amendment. It would be like a fresh petition where they are bringing you fresh from India. So you would get a I797 without i94 and as your visa is still valid you can enter USA with exisiting valid visa before May 2017. Your port of entry will issue the i94 based on your i-797 validity . The cap does not apply as you have had H1b in 2016.
     
  6. Eren Yildirim

    Eren Yildirim Attorney at Law

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    This is incorrect. Being out of status and in unlawful presence are different things. The I-797 expiration date is when the beneficiary must stop all H-1B work (unless a petition is pending).
     
  7. Eren Yildirim

    Eren Yildirim Attorney at Law

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    An extension can be filed after the I-797 expiration date since you are abroad. You do not need to reapply under the cap unless you have worked in the U.S. in H-1B status for 6 years (in which case, there are other considerations as well).
     
  8. SSLM

    SSLM New Member

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    Hello James Ronald Gotcher,

    I came to know about your ID from http://www.immigration-information.com. It was very useful information there. I have a query about passport expiry date.
    I got I-797 approved and my validation date till 2nd sep 2019. My passport is expiring on 30th Dec 2017. I have scheduled my VAC on Dec 30th 2016 and my Visa Interview on 27th Jan 2017.
    I have 3 questions?
    Is it advisable to renew my passport after VAC and before Visa Interview (27th Jan 2017) ? If yes, my DS-160, I-797, I-129, Visa fee & VAC done using the old passport only. Can they agree my new passport and stamp in my new passport ?

    Or Is it advisable to renew my passport after Visa Interview or stamping ?if yes, my DS-160, I-797, I-129, Visa fee, VAC & Visa Interview would have been done using the old passport only at that time. Will the immigration officer at india or usa agree my new passport because my old passport will be cancelled once I renewed?

    Or I should only travel with my existing passport ? and use I-94 for extension ?

    Which option is hassle free ? as I am expecting my depended to be added soon.

    Kindly advice
     
  9. Greeeeencard

    Greeeeencard Guru

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    Have you read my response carefully, what is incorrect in that? Where did I say about Out of Status/Illegal presence?
     
  10. Eren Yildirim

    Eren Yildirim Attorney at Law

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    OP's visa does not expire until May 2017, regardless of being inside or outside the US. OP's H-1B status expires on 12/31/2016. It is noted that OP cannot enter the US after 12/31/2016, even though the visa has not expired, unless the H-1B status is extended.
     
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