Legal Question in Immigration Law in Illinois

I am on an H1B visa. My petition is valid until March 2012.

When I last entered the country in October 2011, I was given an I-94 that is valid until October 2014.

My employer tells me they don't need to apply for extension.

However, I think that it is the petition that indicates my authorization to work and hence, we do need to apply for extension.

Please advise whether I am correct or not.

THanks.


Asked on 11/21/11, 3:25 pm

1 Answer from Attorneys
Rebecca White Law Office of Rebecca White

Typically the I-94 date does control, but that is in instances such as a visitor visa being issued for a limited period, which allows entry up until the end date, and the I-94 controls how long one may stay as a visitor.

For the H-1b, it sounds as though your I-94 was issued in error. You DO need to extend with a new H-1b filing to continue past the March 2012 date.

If you have any further questions please let me know.

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Answered on 11/22/11, 8:30 am


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