H1b Validity and I-94 Departure Dates
Jul 7th 2003, 11:15 pm
#1
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 48
H1b Validity and I-94 Departure Dates
Hi,
I would very much appreciate some advice from the experts on this forum.
My wife's original H1b Visa and I-94 were valid until 01/01/2004. Last year she changed employers and the BCIS issued her with an Approval Notice valid up to 05/06/2005.
Does she have to submit an I-539 (Application to Extend/Change Nonimmigrant Status) so that she will receive a new I-94 valid until 05/06/2005?
Would she become "out-of-status" if she didn't?
Is there any requirement to have a new Visa stamped in her passport with the new validity date, or is the new Approval Notice sufficient?
Related to this, Last year I had to change from an L1a to an H4 via an I-539 application before her change of employer approval came through. This means my new I-94 is valid until 01/01/2004. Can I apply for a validity extension (another new I-94 via form I-539) to my H4 using her existing paperwork (her existing old I-94 01/01/2004 & new Approval Notice 05/06/2005) or would I have to wait for her to receive a new I-94 valid until 05/06/2005.
We're not planning any trips out of the US in the near future. Am I right in thinking that if I did leave the US, I'd need to apply to the BCIS at the London Embassy for the proper H4 passport Visa stamp in my passport before returning?
Would my wife also need to apply to the BCIS in London for a new H1b passport Visa stamp valid till 05/06/2005 with her new Approval Notice or would the Notice alone be sufficient re-entry?
Thanks very much in advance for any help you can provide.
I would very much appreciate some advice from the experts on this forum.
My wife's original H1b Visa and I-94 were valid until 01/01/2004. Last year she changed employers and the BCIS issued her with an Approval Notice valid up to 05/06/2005.
Does she have to submit an I-539 (Application to Extend/Change Nonimmigrant Status) so that she will receive a new I-94 valid until 05/06/2005?
Would she become "out-of-status" if she didn't?
Is there any requirement to have a new Visa stamped in her passport with the new validity date, or is the new Approval Notice sufficient?
Related to this, Last year I had to change from an L1a to an H4 via an I-539 application before her change of employer approval came through. This means my new I-94 is valid until 01/01/2004. Can I apply for a validity extension (another new I-94 via form I-539) to my H4 using her existing paperwork (her existing old I-94 01/01/2004 & new Approval Notice 05/06/2005) or would I have to wait for her to receive a new I-94 valid until 05/06/2005.
We're not planning any trips out of the US in the near future. Am I right in thinking that if I did leave the US, I'd need to apply to the BCIS at the London Embassy for the proper H4 passport Visa stamp in my passport before returning?
Would my wife also need to apply to the BCIS in London for a new H1b passport Visa stamp valid till 05/06/2005 with her new Approval Notice or would the Notice alone be sufficient re-entry?
Thanks very much in advance for any help you can provide.
Last edited by powburn; Jul 8th 2003 at 12:56 am.
Jul 8th 2003, 5:55 am
#2
Guest
Posts: n/a
Re: H1b Validity and I-94 Departure Dates
On Mon, 07 Jul 2003 23:15:44 +0000, powburn wrote:
> Hi,
>
>
>
> I would very much appreciate some advice from the experts on this forum.
>
>
>
> My wife's original H1b Visa and I-94 were valid until 01/01/2004. Last
> year she changed employers and the BCIS issued her with an Approval
> Notice valid up to 05/06/2005.
>
> Does she have to submit an I-539 (Application to Extend/Change
> Nonimmigrant Status) so that she will receive a new I-94 valid until
> 05/06/2005?
No, the I-539 is not used for H-1Bs. To get a new I-94, she would have to
file another I-129. Normally, there should have been an I-94 attached to
her approval notice in the first place; you should find out why it wasn't
in her case before you do anything.
One easy way to get a new I-94 is for her to leave the US and return (she
needs to do that before her H-1B visa in her passport expires).
> Would she become "out-of-status" if she didn't?
Yes, on 1/1/2004.
> Is there any requirement to have a new Visa stamped in her passport with
> the new validity date, or is the new Approval Notice sufficient?
The I-94 is what matters.
> Related to this, Last year I had to change from an L1a to an H4 via an
> I-539 application before her change of employer approval came through.
> This means my new I-94 is valid until 01/01/2004. Can I apply for a
> validity extension (another new I-94 via form I-539) to my H4 using her
> existing paperwork (her existing old I-94 01/01/2004 & new Approval
> Notice 05/06/2005) or would I have to wait for her to receive a new I-94
> valid until 05/06/2005.
The wise course of action for you is to submit your extension application
together with her I-129. It is probably too late to do that, so now you
should instead submit an I-539, and indeed include a copy of her new I-94.
> We're not planning any trips out of the US in the near future. Am I
> right in thinking that if I did leave the US, I'd need to apply to the
> BCIS at the London Embassy for the proper H4 passport Visa stamp in my
> passport before returning?
Almost. BCIS actually has nothing to do with visa issuance. Rather, visas
are issued by consulates (which many people confuse with embassies. In
London, AFAIK, they are indeed in the same building, but usually they are
separate). BCIS is part of the so-called Department of Homeland Security.
Consulates are part of a different branch of government, namely Department
of State.
> Would my wife also need to apply to the BCIS in London for a new H1b
> passport Visa stamp valid till 05/06/2005 with her new Approval Notice
> or would the Notice alone be sufficient re-entry?
The notice together with an unexpired H-1B visa is sufficient. Since you
say that her visa is good until 1/1/04, she can use the new approval
together with her old visa until the end of this year, and should be given
a new I-94 good until 5/16/2005 (ten days past the petition).
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Hi,
>
>
>
> I would very much appreciate some advice from the experts on this forum.
>
>
>
> My wife's original H1b Visa and I-94 were valid until 01/01/2004. Last
> year she changed employers and the BCIS issued her with an Approval
> Notice valid up to 05/06/2005.
>
> Does she have to submit an I-539 (Application to Extend/Change
> Nonimmigrant Status) so that she will receive a new I-94 valid until
> 05/06/2005?
No, the I-539 is not used for H-1Bs. To get a new I-94, she would have to
file another I-129. Normally, there should have been an I-94 attached to
her approval notice in the first place; you should find out why it wasn't
in her case before you do anything.
One easy way to get a new I-94 is for her to leave the US and return (she
needs to do that before her H-1B visa in her passport expires).
> Would she become "out-of-status" if she didn't?
Yes, on 1/1/2004.
> Is there any requirement to have a new Visa stamped in her passport with
> the new validity date, or is the new Approval Notice sufficient?
The I-94 is what matters.
> Related to this, Last year I had to change from an L1a to an H4 via an
> I-539 application before her change of employer approval came through.
> This means my new I-94 is valid until 01/01/2004. Can I apply for a
> validity extension (another new I-94 via form I-539) to my H4 using her
> existing paperwork (her existing old I-94 01/01/2004 & new Approval
> Notice 05/06/2005) or would I have to wait for her to receive a new I-94
> valid until 05/06/2005.
The wise course of action for you is to submit your extension application
together with her I-129. It is probably too late to do that, so now you
should instead submit an I-539, and indeed include a copy of her new I-94.
> We're not planning any trips out of the US in the near future. Am I
> right in thinking that if I did leave the US, I'd need to apply to the
> BCIS at the London Embassy for the proper H4 passport Visa stamp in my
> passport before returning?
Almost. BCIS actually has nothing to do with visa issuance. Rather, visas
are issued by consulates (which many people confuse with embassies. In
London, AFAIK, they are indeed in the same building, but usually they are
separate). BCIS is part of the so-called Department of Homeland Security.
Consulates are part of a different branch of government, namely Department
of State.
> Would my wife also need to apply to the BCIS in London for a new H1b
> passport Visa stamp valid till 05/06/2005 with her new Approval Notice
> or would the Notice alone be sufficient re-entry?
The notice together with an unexpired H-1B visa is sufficient. Since you
say that her visa is good until 1/1/04, she can use the new approval
together with her old visa until the end of this year, and should be given
a new I-94 good until 5/16/2005 (ten days past the petition).
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
Jul 9th 2003, 10:19 pm
#3
Forum Regular
Thread Starter
Joined: Aug 2002
Posts: 48
Doh!
Thanks for that Ingo.
I had a thorough rummage through all the visa related paperwork we have and eventually found the missing "new" I-94 for my wife; it was attached to some papers her lawyer had sent to her employer. So that makes applying for the H4 extension, via form I-539, a breeze. Paperwork now carefully re-filed...
I'm much clearer on the passport visa stamp requirements for re-entry as well.
California Service Center is working on I-539's for H extension dated 05/19/03, according to a recent Processing time report. I may as well apply now while it's on my mind.
Am I right in thinking as long as the receipt from the California Service Center is dated before the I-94 expires, then I won't fall out of status?
Does this applies to most I-*** application types?
Is there any limit to how early you can or should apply for extensions?
I had a thorough rummage through all the visa related paperwork we have and eventually found the missing "new" I-94 for my wife; it was attached to some papers her lawyer had sent to her employer. So that makes applying for the H4 extension, via form I-539, a breeze. Paperwork now carefully re-filed...
I'm much clearer on the passport visa stamp requirements for re-entry as well.
California Service Center is working on I-539's for H extension dated 05/19/03, according to a recent Processing time report. I may as well apply now while it's on my mind.
Am I right in thinking as long as the receipt from the California Service Center is dated before the I-94 expires, then I won't fall out of status?
Does this applies to most I-*** application types?
Is there any limit to how early you can or should apply for extensions?
Last edited by powburn; Jul 9th 2003 at 10:54 pm.
Jul 10th 2003, 6:08 am
#4
Guest
Posts: n/a
Re: H1b Validity and I-94 Departure Dates
On Wed, 09 Jul 2003 22:19:09 +0000, powburn wrote:
> Thanks for that Ingo.
>
> I had a thorough rummage through all the visa related paperwork we have
> and eventually found the missing "new" I-94 for my wife; it was attached
> to some papers her lawyer had sent to her employer. So that makes
> applying for the H4 extension, via form I-539, a breeze. Paperwork now
> carefully re-filed...
Good!
> I'm much clearer on the passport visa stamp requirements for re- entry
> as well.
>
> California Service Center is working on I-539's for H extension dated
> 05/19/03, according to a recent Processing time report. I may as well
> apply now while it's on my mind.
Actually, you are lucky here. You can't apply more than six months in
advance, and the six months mark would have passed just a few days ago.
> Am I right in thinking as long as the receipt from the California
> Service Center is dated before the I-94 expires, then I won't fall out
> of status?
Actually, what matters is the day they receive the envelope. Which is one
of the reasons why it is generally wise to use certified mail with a
return receipt.
> Does this applies to most I-*** application types?
Many of the I-*** forms deal with completely different things, ranging
from employment authorization verification (the infamous I-9 that
employers struggle with) to asylum, waivers of inadmissibility. Each has
their own rules.
But I suspect you actually mean whether this applies to most types of
status, and the answer is, yes. In certain cases, even a late filing can
be acceptable.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
> Thanks for that Ingo.
>
> I had a thorough rummage through all the visa related paperwork we have
> and eventually found the missing "new" I-94 for my wife; it was attached
> to some papers her lawyer had sent to her employer. So that makes
> applying for the H4 extension, via form I-539, a breeze. Paperwork now
> carefully re-filed...
Good!
> I'm much clearer on the passport visa stamp requirements for re- entry
> as well.
>
> California Service Center is working on I-539's for H extension dated
> 05/19/03, according to a recent Processing time report. I may as well
> apply now while it's on my mind.
Actually, you are lucky here. You can't apply more than six months in
advance, and the six months mark would have passed just a few days ago.
> Am I right in thinking as long as the receipt from the California
> Service Center is dated before the I-94 expires, then I won't fall out
> of status?
Actually, what matters is the day they receive the envelope. Which is one
of the reasons why it is generally wise to use certified mail with a
return receipt.
> Does this applies to most I-*** application types?
Many of the I-*** forms deal with completely different things, ranging
from employment authorization verification (the infamous I-9 that
employers struggle with) to asylum, waivers of inadmissibility. Each has
their own rules.
But I suspect you actually mean whether this applies to most types of
status, and the answer is, yes. In certain cases, even a late filing can
be acceptable.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.
