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I-94 going to be expired, New H1B approval is sanctioned month back

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  • I-94 going to be expired, New H1B approval is sanctioned month back

    Hi all,
    I am a H1B visa holder.
    My current I-94 is going to be expired nex week.
    I got my new H1 B approval sanctioned last month .
    The Original H1b sent for H4 visa stamping and it is with Chennai US consulat since 4 weeks.
    Now CAN I STAY LEGALLY IN USA since MY H1B is approved and and I am not going out of the USA.

  • #2
    Hi all,
    I am a H1B visa holder.
    My current I-94 is going to be expired nex week.
    I got my new H1 B approval sanctioned last month .
    The Original H1b sent for H4 visa stamping and it is with Chennai US consulat since 4 weeks.
    Now CAN I STAY LEGALLY IN USA since MY H1B is approved and and I am not going out of the USA.

    Comment


    • #3
      I think you can stay and start your job too... as i did in my case too. But currently if you go back to India and get the visa stamped... it may go into security clearance process that may take 4-12 months to get cleared and by then you might have lost your job... so my advise is just stay here and do your job.

      Good luck: Syed javed (CUNY)

      Comment


      • #4
        Ram Mohan: I am not sure how it works at US Consulate, Chennai. If you send your passport out of US without you. That is illlegal. if you are an Alien then you must have your current passport with you all the time.
        2. Who will present your passport at chennai, for stamping your visa into your passport?
        according to INA(Immigration and Nationality Act) all applicant must present their passports, even a child need to go to the consulate, to verify that he/she is the applicant.
        3. In case of any emergency how will you travel without passport.
        4. Syed, I would like to ask you. Who presented your passport for visa, and how you got stamped your passport with the entry into US?

        Comment


        • #5
          Hi Ram,

          You are fine to stay in the US as you have approved status and work authorization. Did you by chance update your I-9 form with your employer before you sent the approval notice for the H-4 stamping? They will need to verify your new work authorization dates before your current I-94 expires.

          Originally posted by Ram Mohan:
          Hi all,
          I am a H1B visa holder.
          My current I-94 is going to be expired nex week.
          I got my new H1 B approval sanctioned last month .
          The Original H1b sent for H4 visa stamping and it is with Chennai US consulat since 4 weeks.
          Now CAN I STAY LEGALLY IN USA since MY H1B is approved and and I am not going out of the USA.

          Comment

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