Legal Question in Immigration Law in Florida

H1B extension

My H1b Visa is valid till 29th sept 2009. How ever my H1B petition is valid till 17th Oct 2010. If i am not travelling out side of USA, should I need to do new H1B visa stamping for the period after 29th sept 2009? If it is not required if I am not travelling,till 17th Oct 2010, & if i don't do the new stamping, Is that going to affect the GC Processing?


Asked on 7/14/09, 2:36 pm

2 Answers from Attorneys
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Re: H1B extension

Your period of authorized stay controls. As such, dates stamped on your I-94 -- or when extended via an approved extension on Form I-797 -- control. If you were to depart the U.S., you would have to obtain a new visa before you could be re-admitted. Hence, if your status was extended until 10/17/2010, then you are permitted to stay in the U.S. until that time.

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Answered on 7/14/09, 4:45 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: H1B extension

Dear Inquirer:

Your I-94 controls the duration of your lawful status in the US. If your "H-1B Petition" was approved as an extension of status and the I-94 shows your status is valid until Oct. 17, 2010, then you would not need to obtain a new visa stamp in your passport, unless you intend to travel.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 7/14/09, 6:36 pm


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