Discussion:
Question Regarding I-94
  Gurus,
I came back to US yesterday. The H1B Visa on my passport is expiring on May31, 2004. I have already applied for extension in 2nd week of January 2004. As under the new rule (US-VISIT), my picture and finger prints were taken. While Giving me the I-94 the here officer told me that I have only around 55 days left as my Visa is valid till May 31st, so the I-94 he is giving is valid till May 31st. When I told him that I have already applied for extension, he said make sure that you get the extension before May 31st, otherwise I will be out of status.
My understanding is since I have already applied for Extension much before the expiration date, I should be fine but on the same hand I am not sure about this US-VISIT rule.
Please let me know if I should go for premium processing as in current scenario i am not expecting my H1B extension before July.
Thanks
aksmks
Answer:
I came back to US yesterday. The H1B Visa on my passport is expiring on May31, 2004. I have already applied for extension in 2nd week of January 2004. As under the new rule (US-VISIT), my picture and fingerprints were taken. While Giving me the I-94 the here officer told me that I have only around 55 days left as my Visa is valid till May 31st, so the I-94 he is giving is valid till May 31st.
------- That is correct
When I told him that I have already applied for extension, he said make sure that you get the extension before May 31st, otherwise I will be out of status.
------- POE officer is wrong, once you have H1 extension filing receipt you are in status, you will Not be out of status on May 31,CPB officer is not a lawyer only Change Of Status is abandoned if you go out and Extension of status is not abandoned.
My understanding is since I have already applied for Extension much before the expiration date, I should be fine but on the same hand I am not sure about this US-VISIT rule.
------ You are OK if any concern ask your lawyer
Please let me know if I should go for premium processing as in current scenario I am not expecting my H1B extension before July.
-----That is up to you or you can discuss with your lawyer.
Read the MEMO, Only Change of status is abandoned NOT extension
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
Answer:
Ginnu,
Thanks for you reply. I spoke with my Attorney and he also gave me the same answer that I will be in legal status. As you said the here officer at POE did'nt knew the rules. I was more worried as my LC should be getting cleared in couple of months and I dont want any legal issues.
Thanks
aksmks
Distress call, ofcourse it is urgent!!
Fedex today or tomorrow
Out of status for 6 mo.: New H1 stamping
New H1-B stamping, lay off queries
F1 Rejected under 214 b
I-94 departure record card was never taken back
Help/Information for H1 to H4 to H1
Travel to Canada from US and back on B1 Visa
Expired B1/B2 Visa-Need your advice