I-94 expiring?

[pointlesswait]

hello..

My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)

Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?

Is it illegal to stay on expired i-94..but witha valid H1?????????


what are my options..

cheers

[GotFreedom?]

Your H1-B visa approval notice for the new employer comes with the new I-94 when you renew/transfer it, that is valid till the visa expiration date on the notice. Check the apporval notice and there must be a detachable perforation at the bottom which says I-94 on it. This new I-94 needs to be attached to your passport. If you do not have it, ask your employer, they might have it. Legally, you should have that I-94 in your possession.

[martinvisalaw]

Originally Posted by pointlesswait

hello..

My h1 is valid till march 2010.. but the i-94 i have is expiring in Oct.. (i changed my job ..and had been out of US..on the old stamping..)

Can iget it extended staying in US? or do i have to leave get it restamped in desh.. ?

Is it illegal to stay on expired i-94..but witha valid H1?????????

The timing of when you travelled and when your extension was approved are critical. It looks like you travelled after the extension was approved, but you just used the old visa to enter. CIS has a "last action" rule, whereby the last thing they do regarding your status is what governs. If you got an I-94 to October 2009, after the extension to 3/10 was approved, then the 10/09 date governs and you need to file an extension. Alternatively, you could travel and return showing the valid visa and new approval to get the new approval date on the I-94.