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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5240
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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This is regarding my H1B Extension I have a valid H1B Via

Customer Question

Hi Good Evening
This is regarding my H1B Extension I have a valid H1B Via till 9/30/2016. But my current petition is going to be there till 31st March 2016. My employer is saying that he will apply for the extension soon. Incase if they don't apply my extension before 31st march 2016, Can I stay in US till 30th September 2016 and search for the job. Please advise me on this.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

No, unfortunately the date on your petition and your I-94 is what governs the time that you can stay in the US legally. The H1B visa in your passport is something separate. As long as you are still working with your employer and he submit an extension before March 31, 2016, you can remain in the US legally. If your employer has not submitted the extension before March 31, then you cannot continue working with them and you should depart the US as soon as possible. You can return once you have a new approved petition.

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