Important question is when your petition expires? That is really what matters. Apply at earliest possible date before petition expiry date as others have suggested.Originally Posted by benjiding
Important question is when your petition expires? That is really what matters. Apply at earliest possible date before petition expiry date as others have suggested.
Last edited by suninphx; 09-20-2011 at 01:37 PM.
Thanks all for the replies. So I need to apply before March 2012 as the VISA stamp in the passport says March 2012, regardless of the I94 date.
visa stamp date = on your passport
I 94 date = small white thing on attached to your passport
petition date = on your 1 794
So i guess you have to go with your petition date and also confirm this with the lawyer once.... as how can they give you an I 94 > your petition date... samje benji??
As far as I know, the latest I-94 date denotes the last day of valid stay in USA. The date in the Visa stamp is meant for only travel to enter USA.
So for extension of status, we have to go by the I-94 date ( latest issued by CBP or USCIS i.e, I-94 attached to passport or I-94 attached to Petition form)
Folks - I am very confussed from morning. I work as a contractor and i came to know today that my current assignment will not be extended next year. My employer is a blood sucking consulting firm. My h1b is expiring may 2012. I was thinking to apply extn this novemember but today due to my contract issue i am not sure if i need to tell this to my employer or not. I find the project and he gets the money. what if i become current in Novemember then he will make issues to apply i485.
do you feel i have a chance to file my i1485 in Novemember. Will the dates move . please help me out
There can be mistakes. Generally I have seen people getting I94 of petition expiry date + 15 days. You need to always go for petition expiry date. OP will not be able to work with expired petition putting him out of status , technically.
For extension of H1 OP has to go with petiton expiry date.
Last edited by suninphx; 09-20-2011 at 02:27 PM.
Example
Mr. X has H1B Petition with an expiry date - 31 dec 2011 .
X travels to India and on his return to usa he receives I-94 card attached to his passport validates stay up to 31 oct 2011.
In this case X has to do one of the following
1. Filing for extension of H1b before 31 oct 2011
2. Travel out of USA and come back with new I-94 card valid 31 Dec 2011
3. Go to CBP office at Airport to extend the dates from oct 31st to Dec 31 2011 ( which is not encouraged by CBP nowadays)
So for extension of H1b also pls go with the latest I-94 date not with petition expiry date otherwise it is taken as unlawful stay after I-94 expiry
Last edited by Kanmani; 09-20-2011 at 03:39 PM.
I believe you mean Nov-Dec 2007
Buddy.... I would say this... I had been in quite similar situation last year. What i did was, i file for the extension only 2 weeks prior to expiry of my petition. As long as you apply before petition expiry date, you are fine even if your petition doesn't arrive in next 6 months (Mine arrived after 5 months of petition expiry). So, i would advice that you should find another contract. Talk to your employer and tell him the exact situation. In the mean while if you become current, it shouldn't be a problem for your employer to file for I-485 since a) you must be paying for it (i am assuming) and b) Greencard is for future employment. Now, if you are ready to stay in job without pay, no one can stop you from working for your employer. Just give him a request for "leave without pay" (for record) while you are searching for new contract.
Last edited by nishant2200; 09-21-2011 at 01:38 AM. Reason: removed personal verbiage on a user
apan current ho gaya... if not GC I should be able to file 485 for my lovely wife
Last edited by nishant2200; 09-21-2011 at 01:39 AM. Reason: removed reference to moved post
Yes, I agree. Many Chinese Post-docs got their Phds in China and they had wife and kids when they came to USA. Most of these guys are doing EB2-NIW and they have to use 3 visa numbers for one NIW application.
I would like to differ:
First of all the scenario you mentioned above is exact opposite than what OP said. OP has I94 date > than petition expiry date. So what I said in that case still stands. If he delays filing based on I94 date then OP will not able to work. Its petition based on which one is authorized to work and not I94.
Even in the scenario you mentioned we can just file for extension of status(not not necessarilty H1 extension). I am sure you know that H1 extension and extension of status are two different things.
The Japs and Koreans also have English barrier. I think the Chinese EB2 have a larger portion of NIW applicants and these guys came to USA in their late 20s and 30s. The Japanese don't immigrate to the US too much because the salary here is lower than in Japan. The South Korean salary is lower than Japanese and the expense is very high in Seoul.
Most of the Chinese immigrants came here through Family Based and Political Refugee paths. The EB number is only around 10%-20% of the total number. Many Chinese came here through political refugee by humilating motherland and cheating Uncle Sam. The smart hard working ones have to wait for too long and they tend to return home.
English barrier prevents them from entering the workforce right away as compared to the headstart Indian/filipino have over English.
Japs and Koreans strangely enter workforce right away more so than chinese....i cant seem to explain that...
suninphx
I am referring to the above posts where it is mentioned that Visa Stamp on the passport is expiring in March 2012 .
He/She never mentioned about his H1b approval notice Form I- 797 expiry date.
Case 1
I-94 card expiry date < I 797 expiry date
This is a case where the period of stay is intentionally reduced by the immigration officer ( they usually do this in random). Here H1b should be renewed before I-94 card expiry
Case 2
I-94 card expiry date > I 797 expiry date .
These cases are less than 1% , due to human error , which we should be aware of and get corrected at once or renew the H1b as per I797 expiry date .
Last edited by Kanmani; 09-20-2011 at 06:12 PM.
The date on I797 is the date on my VISA in passport, and at the port of entry, the IO stamped a later date. So I am Case 2. First let me state that this happens quite often, they accumulate your stay abroad and add it towards the end of your H1 period. So if you stay 6 months in India during your H1 period, then you can claim those 6months. This is what has happened in my case.
Benjiding
They usually add the period spent outside USA in the I 797 at USCIS only. This is the first time i am hearing this kind of adding in the I-94 at Immigration counter.
You should consult an attorney.
Ssvp22 ..Thanks for correcting. I just want to put down my feelings and get some suggestion. Did not work on my spelling. My pd is Aug 6th 2007 EB2
Thanks Soggadu for understanding my situvation. my pd is 6th Aug 2007 eb2 india.
Thank Nishant_imt for your suggestion. I think the only option for me is to talk to my employer and see if wont create any mess with my h1 or 485 paper work. My pd is 6th aug 2007
You are mixing things. The expiry date on I797 is date till he can work (and that's what is imp. On H1) and he has to extend his petition before that date(with I129 form this is generally called H1 extetion.). In this case you get new I797 and new I94 with expiry date of new I797.
In Case 1: One can just extend the status (using I539) form using exiting I797. In this case you get new I94 with expiry date of exiting I797. So both are different things.
On H1 always always go by petition date because you are authorized to work till that date.
Anyway I rest my case here. I am sure OP is going to consult attorney.
Last edited by suninphx; 09-20-2011 at 07:30 PM.
Agree with Kanmani. USCIS does that part.
Suninphx
If I am not confusing you, I stand by my point.
In case 1 , the H1b should be extended before the I-94 card expires not before approval petition . So please dig more into this .
Again Form I-539 is for extension of H-4 or change of status from H1 to H4
You are mixing things. The expiry date on I797 is date till he can work (and that's what is imp. On H1) and he has to extend his petition before that date(with I129 form this is generally called H1 extetion.). In this case you get new I797 and new I94 with expiry date of new I797.
In Case 1: One can just extend the status (using I539) form using exiting I797. In this case you get new I94 with expiry date of exiting I797. So both are different things.
On H1 always always go by petition date because you are authorized to work till that date.
Anyway I rest my case here. I am sure OP is going to consult attorney.
Since there is so much confusion with whether petition or whether I94 has precendence and sinc you want to be safe and not sorry go with the one which has the earliest date which would be the petition. That way if you were wrong there is no harm done. On the other hand if you go with I94 and if by chance you were wrong you would be 3 months out of status. Why take risk ??
I am not confused at all. If you check your previous posts you have changed your stance. And if you dig more you will know that I539 is used to change/extend status between various visa statuses (and not ONLY tied to H1/H4 as you mentioned). Check with your lawyer if that helps you.
Last edited by nishant2200; 09-21-2011 at 01:43 AM. Reason: removed verbiage which led to confusion and argument
There are currently 10 users browsing this thread. (0 members and 10 guests)
Posting Permissions
