View Full Version : H4 to H1B transfer - I 94 extension issue

08-09-2013, 12:38 PM

Below is my case description,

Current Status => H4
Visa Valid Till => 20 Oct 2014
I - 94 => 28 Sep 2013 [ They gave till this date as my Passport is valid only till Sep 2013]

Then I got a new passport and applied for H1.

H1's I - 94 => 1 Oct 2013 Till 20 Sep 2016

My question is,

So just for these 2 days (29th and 30th Sep 2013), What are the options do I have?

1) I can approach the local USCIS and extend my H4's I-94 for 2 days?

2) I can travel to Canada / Mexico to get the new I-94?

3) Even If I do any one of the above, in the approval notice they stated that the petition and change of status have been approved. So after 1st October can I start working or do I need to get H1 stamping in my home country to start working?

Please advice.

08-09-2013, 05:08 PM
Firstly..I am not a lawyer..But based on my past experience, I don't think you acquire unlawfully presence unless you exceed certain number of days (I would presume 181 days). So I feel you are ok to live.

If you are determined to have 0 lawful presence, you can possibly go to Tijuana and reenter on your H-4 or file for H-4 extension. I would think the receipt itself should be good enough for you and then once your H-1B becomes active you can withdraw your petition.