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This is regarding my H1B Extension I have a valid H1B Via…

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Hi Good Evening This is regarding...
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: 2 years ago.Category: Immigration Law
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2/11/2016
Immigration Lawyer: Jen Marie, Esq., Immigration Attorney replied 2 years ago
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7,013
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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