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Old Sep 3rd 2003, 11:22 am
  #1  
Dalton
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Default H1-B

My H1-B Visa is set to expire Nov 1st after 6 years. The Visa Stamp in
my passport expired June 19 '03 and the 1-94 card says Nov 1 '03
(latter is based on the approval notice). I have not filed for a green
card.
1. How soon after my I-94 card expires do I have to leave? I've had
INS officers say 10-30 days at various ports of entry.
2. How soon can I re-apply for another H1-B with another employer?
Visa stamp date or I-94 card date?
Thanks in advance!
 
Old Sep 3rd 2003, 11:38 am
  #2  
Jozef
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Default Re: H1-B

"Dalton" <[email protected]> wrote in message
news:[email protected]...
    > My H1-B Visa is set to expire Nov 1st after 6 years. The Visa Stamp in
    > my passport expired June 19 '03 and the 1-94 card says Nov 1 '03
    > (latter is based on the approval notice). I have not filed for a green
    > card.
    > 1. How soon after my I-94 card expires do I have to leave? I've had
    > INS officers say 10-30 days at various ports of entry.

The date on the I-94 card is what counts.
If you plan on returning to the U.S. in the future you want to avoid staying
past the date on your I-94 card.

    > 2. How soon can I re-apply for another H1-B with another employer?
    > Visa stamp date or I-94 card date?

Since you have been in H-1B status for 6 years, you will have to leave the
U.S. for 1 year before being able to apply for a new H-1B.
 
Old Sep 3rd 2003, 11:39 am
  #3  
Joachim Feise
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Default Re: H1-B

Dalton wrote:
    > 1. How soon after my I-94 card expires do I have to leave? I've had
    > INS officers say 10-30 days at various ports of entry.

As soon as it expires. There is no grace period.
If you want to stay a bit longer, e.g., to sell household items and the like,
you should apply for a change to B2.

    > 2. How soon can I re-apply for another H1-B with another employer?
    > Visa stamp date or I-94 card date?

After 6 years on H1, you have to be physically out of the US for 1 full year
to be eligble for another H1. Stays in the US, e.g., for vacation, disrupt
this.

-Joe
 
Old Sep 3rd 2003, 2:31 pm
  #4  
Ingo Pakleppa - See Web Site For Email
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Default Re: H1-B

On Wed, 03 Sep 2003 16:22:21 -0700, Dalton wrote:

    > My H1-B Visa is set to expire Nov 1st after 6 years. The Visa Stamp in
    > my passport expired June 19 '03 and the 1-94 card says Nov 1 '03 (latter
    > is based on the approval notice). I have not filed for a green card.
    > 1. How soon after my I-94 card expires do I have to leave? I've had INS
    > officers say 10-30 days at various ports of entry.

Not at all. The officer is supposed to already build in a grace period of
10 days when issuing the I-94. That is, if the petition is good until
November 1, your I-94 is supposed to be good until November 10.

    > 2. How soon can I re-apply for another H1-B with another employer? Visa
    > stamp date or I-94 card date?

You have to spend one year outside the US. See my FAQ for more details.

    > Thanks in advance!

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