Yorkie_in_SD

Hi, long-time lurker, first time poster. First, I'd like to say "many, many thanks" for the helpful advice I've obtained and hours of entertainment I've enjoyed wiling away the small hours on this site - cheers!

I wondered if anyone could help set my mind at rest (or the opposite)? I've been in the US since Aug 2003 (as an academic project scientist), first on a J-1, then on an H1B, since Sep 2006. My I-797A was valid until the end of September 2010. Having realized that my work would require me staying beyond that date, the university I work at applied for an H1B renewal last summer which was granted and received in December 2010. I have had/still have a valid contract the whole time and worked throughout.

When I re-entered the US from a conference in the UK in August, I was told at immigration that I had to leave the US before the written date on my I-94 - 10 Oct 2010. However, due to work and a young family here, I am still in the US and planning to travel to attend an interview in Denmark at the end of February, when I intend to apply for a new H1B stamp at the US Embassy in Copenhagen before flying back here 10 days later.

I'm very worried that I will encounter complications re-entering the US due to staying beyond the date writte on the I-94. Is this likely to be a problem please? I'm quite worried about not being able to get back to my family which on top of a job interview is only compounding the stress!

Many thanks for any feedback - cheers!

md95065

Since your university applied for an extension to your H1-B before the expiration date on your I-94 and that extension has subsequently been granted you should not, as far as I know, have any problems.

Yorkie_in_SD

Thanks - that sounds promising

ian-mstm

This should solve your issues. Be sure to take all the renewal paperwork with you. The renewal also took care of the prior I-94 issue.

Ian

Yorkie_in_SD

Ian - thank you for the information. I'm trying to book an appt. at the Embassy on a Monday to optimize the chances of a speedy passport return. It took six days when I last renewed in Germany (Frankfurt). I will be sure to take all the relevant supporting docs along with me.

crg

Please answer the following:

1. What is the expiry date on your most recent approval notice?
   
2. Where are you right now?
   
3. If you are still inside the US, do you have any applications pending?
   
4. If you are outside the US, when did you depart the US.

If you had an approved petition with a date farther in the future than what is written on the visa, you were supposed to show that at the border when you reentered so they can put the correct date on the I-94.

Entering and receiving a new approved petition can extend the I-94 that was issued at entry. However, if you departed and then entered again after the approval and received a shorter period of time than on the most recent approved petition, that should not have happened and could be a problem. The I-94 issued at your most recent entry is what controls your period of authorized stay unless an application is submitted/approved following that admission.

ian-mstm

He doesn't need to answer your questions.


He's in the US... and says so.

Ian

Yorkie_in_SD

Hi crg, sorry I can't answer Q1 as I have to collect the approval notice from the departmental office (probably tomorrow). As the old approval notice/I-797A I entered with in August (which is all I had at that time and showed at immigration) was dated to expire 09/30/2010, a date of 10/10/2010 was written on my I-94, giving me a 10-day grace period. I'm still in the US right now and have my renewed H1-B/I-797A to collect here but plan to leave the US in three weeks time to re-enter a 11 days later (provided I get the new H1-B stamp in my passport at the US Embassy and the passport returned in time to travel). I hope that answers everything!

Yorkie_in_SD

Many thanks for the info crg. I assume from your answer that I fall into the category "The I-94 issued at your most recent entry is what controls your period of authorized stay unless an application is submitted/approved following that admission" which is what has happened in this case. Should I take it that things should be OK?

crg

It sounds like you're in good shape. As a side note, I see how ian maintains such a robust post count.

Yorkie_in_SD

Thanks to all of you - md95065, ian and crg for the info. I'll divert more of my stress in the direction of the job interview and less to immigration worries