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Can you please clarify below question. I have H1B Visa till…

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Hi,Can you please clarify below...
Hi,Can you please clarify below question.
I have H1B Visa till 20/SEP/2018, and I am planning to travel India in first May 2018 and planning to return on May 30.Since only 4 months left on my h1b at the time of port of entry, I asked my employer to file H1b extension and get it approved before May 1st.My employer said, at the time of return the I-94 in extended h1b will be override with current I-94 (20/SEP/2018), and they need to file second time extension.. Is this true ?..I am thinking no harm for the extended H1B I-797 at the time of port of entry in May..Can you please share your thoughts on this.
Submitted: 3 months ago.Category: Immigration Law
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Answered in 15 minutes by:
3/22/2018
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,879
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

If your petition extension is approved before your return to the US, you will get an I-94 valid until the expiration date of the new petition extension approval, assuming that is an additional 3 years you will get until 2021.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 3 months ago
your answer is correct if I travel back to USA after 09/20/2018....but my question is..
The new petition will start from 09/21/2018. but I am going to return on May 30 2018. In that case the officer going to look at my current H1b which is valid until 09/20/2018, so I will get I-94 until 09/20/2018. But what happens to the extended i-94 on new extended petition ?..Will that be override with 09/20/2018.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

The extended petition valid through 9/20/2021 will over ride the petition expiring 9/20/2018. You will get an I-94 for 3 years when you enter in May.

Judith

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Customer reply replied 3 months ago
Thank you, ***** ***** attorney is telling other way that the current petition 09/20/2018 will override the new petition 09/20/2021.
Do you have any USCIS reference link related to this question ?..Then I can go back and talk to my attorney using that link, it will help me to take right decision.
Immigration Lawyer: Expert James, Lawyer replied 3 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,377
Experience: Write FOR JAMES to get my help!
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I am a new Expert. When is the new petition being filed?

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Customer reply replied 3 months ago
The new extension petition is not yet filed.My attorney will be filing it soon. I have the current petition valid until 09/20/2018.
I asked my attorney to file and get it approved the extension before I travel India (May 1st) . but my attorney is telling, when I back to US on May 31st, using my current petition(expires on 09/20/2018) and new extended petition(expires on 2021-sep), then the I-94 validity in the new petition will be override with current I-979(expires on 09/20/2018)..
Customer reply replied 3 months ago
my question..is that true ?(my new extended petition I-94 will be override will current expire date i.e 09/20/2018...
Immigration Lawyer: Expert James, Lawyer replied 3 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: It really depends on which petition is valid at the time of returning. The officer can only give you an I-94 that is valid for 3 years. So when you return on May 30, 2018, when you return, if the new petition has validity dates including May 30, 2018, then the new I-94 will be used. If the new approved petition is not yet valid on the date you return to the US, then the officer cannot give you an I-94 based on that approved, new petition. In other words, if the new petition is valid from September 2018, and you return in May 2018, you cannot get an I-94 that is valid for 3 years from September 2018. You will get a new I-94 that is valid from the date of entry to the date of expiration of the current and active I-797.

I hope that answers your questions.

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Customer reply replied 3 months ago
Thank you Sir...So my new extended visa validity starts from sep-2018 to sep-2021, and when I return on May 30 , then I will get I-94 till Sep-2018. Here what happens to the extended H1B ?, can I use after Sep-2018 or do my employer needs to file another extension because the I-94 date on new H1b override with Sep-2018.
Immigration Lawyer: Expert James, Lawyer replied 3 months ago

You are saying visa but I think you mean something else. The visa stamp is what is in your passport. That is irrelevant once you enter the US The I-94 governs your stay. With that in mind, please rephrase your questions.

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Customer reply replied 3 months ago
I am sorry..It meant I-797, not the VISA.
My new extended H1B validity starts from sep-2018 to sep-2021, and when I return on May 30 , then I will get I-94 till Sep-2018. Here what happens to the extended H1B(I-797) ?, can I use the I-797 after Sep-2018 or do my employer needs to file another extension because the I-94 date on new H1b overridden with Sep-2018 at the time of port of entry on May 30.
Immigration Lawyer: Expert James, Lawyer replied 3 months ago

Remember that I don't get credit for doing my job if you do not give me a positive rating. Kindly do so by going to the top of this page and clicking on 4 or 5 stars. Thank you!

ANSWER: If the new I-797 has an attached I-94, and you are in the US when the new I-94 becomes valid, then the new I-94 takes over on the validity date.

So you can enter the US on May 30 and get an I-94 until September 30, 2018. And if the I-797 extension approval notice has an I-94 attached, then that will become effective on the validity date.

Please give me credit for doing my job by clicking on those 5 stars. You can still ask follow up questions after you’ve done that.

Thank you!

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Immigration Lawyer: Expert James, Lawyer replied 3 months ago

Does that make sense?

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Customer reply replied 3 months ago
James, but my attorney is telling even if there is an I-94 attached to H1B extension, then it won't be valid as it will be overridden at the time of POE on May 30. It is bit confusing..Can you advise any USCIS reference link related to this question ? ?. Then I can go back and talk to my attorney using that link, it will help me to take right decision.
Customer reply replied 3 months ago
Hi Could you please suggest on above question.
Immigration Lawyer: Expert James, Lawyer replied 3 months ago
That’s the goal. However you are seeking something that isn’t explicitly stated in a single regulation or reference, but a conglomeration if concepts. It’s not as easy as it might seem to provide a reference.
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