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Old 01-31-2008, 12:03 AM
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Join Date: Jan 2008
Posts: 9
raffu001 is on a distinguished road
Default H1-B Status Expiration


Here is my scenario and problem, it would be great if some one can answer my question.

1. I got my H1-B approval with Employer NYC from June 2005 to June 2008. Went to Canada and got H1-B stamping on Feb 14th 2006. Joined Employer Chicago on Oct 2 2006 and got a new H1-B and I-797 with I-94 valid till Sep 2009. Went to India in July 2007 and came back with my wife, H4 stamped till Sep 2009 in Aug 2007. While entering the USA in Aug 2007 the Immigration office gave me I-94 validity till June 2008 which is equal to my H1-B visa stamp validity in passport, he could have given till Sep 2009 based on my new I-797 validity date of Employer chicago provided i had asked him. I did not had knowledge about this and I did not ask him. However, I have my I-797 with I-94 in the bottom with validity till Sep 2009.

Will the I-94 validity given by immigration officer over rules the I-797 I-94 validity. If so, can i apply for the extension. Or shall i go out of the country and while entering ask the immigration officer to give validity based on my new I-797.

Please help me by answering this question. Thanks in advance.

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