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H1B Transfer - Validity of new approval (premium, visa, country) - Legal Immigration - City-Data Forum
Hi,
My H1B is due to expire in Sept 09.
I had filed for H1B transfer in Jun 08.
However, I have not received approval yet.
My employer is going to file in premium soon.
I want to know if the new approval (if approved), what is the validity period.
Is it also going to be valid until Sept 09 ?
In that case I may not get sufficient time to file for extension, so I want to be prepared.
Or does USCIS extend the period of visa also ?
Thanks for help !
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Quote: : Hi,
My H1B is due to expire in Sept 09.
I had filed for H1B transfer in Jun 08.
However, I have not received approval yet.
My employer is going to file in premium soon.
I want to know if the new approval (if approved), what is the validity period.
Is it also going to be valid until Sept 09 ?
In that case I may not get sufficient time to file for extension, so I want to be prepared.
Or does USCIS extend the period of visa also ?
Thanks for help !
I think if you go out of status after the filing, but before approval, there is no negative consequence.
It was like this some time ago, but check with your lawyer, there could be some recent update.
If it will be approved, you will get notice of action with new I-94 (usually for 2 or 3 years).
You can stay in US with it.
If you need new VISA(for re-entry to US), you need to travel to US embassy in your country.
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Thanks!
What I meant to ask is that what to expect on the new I-94, i.e., will it also expire in Sep 09, or the is it going to add some time and expire later ?
thanks!
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Quote: : Thanks!
What I meant to ask is that what to expect on the new I-94, i.e., will it also expire in Sep 09, or the is it going to add some time and expire later ?
thanks!
So your current H1b is ending and you applied for 3 years extension?
Then your new I-94 expiration date will be the date of approval+3years
You don't need to apply for new I-94 if you already applied for H1b extension
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You will get I-94 while entering in USA.
If you have Valid extended H1B visa (i 797) , you are safe.
When you will entering again in USA and you have stamped with valid extension period on it you will get new i-94 till Visa expiry date.
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