Legal Question in Immigration Law in New Jersey

Stay in USA after I-94 expiry

My current H1B visa & I-94 expire in Jan 2010. My work permit got extended till 2012 and a new I-94 was issued

1. Can I stay in the USA post Jan 2010 without getting H1B stamped?

2. If I travel outside USA and return before Jan 2010, Can I still use my current visa

Thanks for response in advance.


Asked on 7/06/09, 5:25 pm

2 Answers from Attorneys
Anthony Siliato Meyner and Landis LLP

Re: Stay in USA after I-94 expiry

1. Yes

2. Yes.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

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Answered on 7/06/09, 5:30 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Stay in USA after I-94 expiry

I would need more information regarding your particular case before I can comment on it properly.

However, if you stay in the US past Jan 2010 you must update your H1-B visa because your work permit was granted on this basis.

How long are you planning of staying out of the country?

Should you travel outside the US and stay out of the country for a long time you will not be working under the terms of your H1-B visa.

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Answered on 7/10/09, 11:06 am


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