Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 1 month ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 15 minutes by:
3/22/2018
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 month ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,520
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 month 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

Ask Your Own Immigration Law Question
Customer reply replied 1 month 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 1 month 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

Ask Your Own Immigration Law Question
Customer reply replied 1 month 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 1 month ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,962
Experience: Write FOR JAMES to get my help!
Verified

I am a new Expert. When is the new petition being filed?

Ask Your Own Immigration Law Question
Customer reply replied 1 month 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 1 month 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 1 month 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.

▼ RATING REQUIRED! ▼ Please remember to click on 4 or 5 stars (★★★★) on your computer screen. This is important because this is how I get credit for doing my job.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 1 month 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 1 month 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.

Ask Your Own Immigration Law Question
Customer reply replied 1 month 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 1 month 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!

Ask Your Own Immigration Law Question
Immigration Lawyer: Expert James, Lawyer replied 1 month ago

Does that make sense?

Ask Your Own Immigration Law Question
Customer reply replied 1 month 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 1 month ago
Hi Could you please suggest on above question.
Immigration Lawyer: Expert James, Lawyer replied 1 month 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.
Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Expert James Your Own Question
Expert James
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,962
12,962 Satisfied Customers
Experience: Write FOR JAMES to get my help!

Expert James is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

48,466 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
I need to check about h1 visa immigration, I have my I 94
I have my I 94 valid till jun 2019 but now I have my paperwork for H1 b Amend with my role change and work location change if my this h1 b amend gets rejected then I can still stay in US and find another job as I have valid 1 94 till june 2019 … read more
Expert James
Expert James
Lawyer
12,962 satisfied customers
My I-94 /I-797 with previous employer A was valid till 15
HI Edward , My I-94 /I-797 with previous employer A was valid till 15 september 2017 , new employer B filed h1b transfer on 06/29/2017 but project did not start and I kept working with my prevoius emp… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
FOR GUILLERMO Someone wanted to get their I-94 number for
FOR GUILLERMOHello sir. Someone wanted to get their I-94 number for the I-94 web site who arrived in July 2016 but for some reason it keeps saying no results found even though they enter the informati… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
My I-94 is valid until this Saturday, and my lawyer is
My I-94 is valid until this Saturday, and my lawyer is preparing my O visa petition. Should I stay in the US until the application is filed and a decision is made (4 weeks), or leave before Saturday, … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question about an I-94. The applicant came in
Hello. I have a question about an I-94. The applicant came in legally into the U.S. and was definitely inspected at the border when she arrived back in 2005. For some reason on the I-94 web site it sa… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,520 satisfied customers
If an illegal immigrant is placed into the removal
if an illegal immigrant is placed into the removal proceeding (assuming they didn't commit a crime), what would be some things that would persuade the judge not to deport the immigrant?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Extend I-94. Texas. I have valid Visa stamped and Valid
I have valid Visa stamped and Valid I-797 petition. Just need to extend I-94… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,520 satisfied customers
I have questions regarding immigration. Change of status
I have questions regarding immigration JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet? Customer: Yes change of status from H1 B to H-4 and EAD JA: Have… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
Just asking about the I-94, I got it first time multiple
Just asking about the I-94, I got it first time multiple entries I-94 and second time single entry I-94 for the E2 visa. I just want to know the difference between both cases because I live in Niagara… read more
Expert James
Expert James
Lawyer
12,962 satisfied customers
I was asked to be an interpreter for someone's immigration
I was asked to be an interpreter for someone's immigration interview. I read on the immigration website that there may be some restrictions for family members or friends but didn't see any restriction… read more
Expert James
Expert James
Lawyer
12,962 satisfied customers
My H1B extension is rejected and I 94 is expired my employer
Hi My H1B extension is rejected and I 94 is expired my employer is saying I can stay If I file MTR but can't work! … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I need To talk with Immigration lawyer. Immigration lawyer.
Hi JA: Hi. How can I help? Customer: Yes I need To talk with Immigration lawyer JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet? Customer: Immigration l… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I want to contact to immigration immigration lawyer. I got
I want to contact to immigration immigration lawyer … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I have a question. MY visa is expired, my 1-94 expired on
Hello i have a question. MY visa is expired , my 1-94 expired on december 17th but i just got approved for my P-1 visa , can i still legaly be in the us? … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I'm currently on H1B since Oct-2015 and I-94 is valid until
Second opinion] I'm currently on H1B since Oct-2015 and I-94 is valid until April2020. I left Employer A and joined Employer C on H1b receipt in August-2017. I also had an offer from Employer B where … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,520 satisfied customers
My H4 extension rejected due to documentation error and I-94
my H4 extension rejected due to documentation error and I-94 validity for 5 days only … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I receive an I-94 at port of entry while entering US on an
Hi, I receive an I-94 at port of entry while entering US on an H1B visa. But my I-94 expiry date was set to Feb. 2018 when my passport was expiring and adjudicated until August 2019. Now on the online… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
48,466 satisfied customers
I have a situation wanted to discuss. Not yet My son's I-94
Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?Customer: not yet My son's I-94 is expired actually on Oct18 because of passport expiry, however, I renewed the passport… read more
Expert James
Expert James
Lawyer
12,962 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x