Please Help I will travel just 13 days after I-94 expire.

[csoul 0]

Hi again to all!

Now to explain my problem:

H-1B Approval notice ready

Current Status: B1/B2

I-94 Expire: Jun 11

I'm under pending AOS Petition (I-130 + I-485) no AP yet so I want to return with my H-1B visa

Next reservation available to travel to Venezuela: Jun 23 (13 days after I-94 Expire)

H-1B Interview schedule: Jun 27

So Do I need to request an extension (form I-539)? because I don't want any problems in the H-1B Interview if they ask why I over stay with my I-94.

What do you think? 13 days of over stay will be a problem? I'm really cut of money right now so If the extension is not necessary for just 13 days of overstay will be good for me. (to avoid the $200 fee)

I think I wil have the AP ready before travel but in any case I don't want any problem with the officer at the moment of the H-1B interview to over stay with my I-94.

Thanks!!

[Dr_LHA 3]

If you have an approved H-1B, on the bottom of the approval notice you will see 2 tear off bits. The one on the left is a new I-94.

So you already have an extended I-94! No need to request one.

[csoul 0]

I double check my H-1B approval notice (the I-797B) and I only have one portion in the bottom of the paper that could be separate of the main one. That little portion say "The alien may use this portion when applying for a visa at an American consulate abroad, or if no visa is required, when applying for admission to the U.S."

That portion in the bottom show my name, company name, petition validity dates and receipt number.

But Dr_LHA remember that my recent H-1B Visa will be good from October 1! so my worry after Jun 11 (my actual I-94 expiration date) and because I don't want any problems in the H-1B interview next month in Venezuela for over stay with my Visitor Visa.

Thanks.

[StormnRolly 0]

Is it necessary to leave the US to have your H-1B interview? cause the overstay on the I-94 isn't an issue if you have AP, but 30 days is definatly not enough time to get a regular AP. I would say that you might have to abandon your H-1B to remain in good standing with your AOS. Which is more important to you??

[Dr_LHA 3]

Is it necessary to leave the US to have your H-1B interview?

To get a H-1B visa stamp, yes.

cause the overstay on the I-94 isn't an issue if you have AP, but 30 days is definatly not enough time to get a regular AP. I would say that you might have to abandon your H-1B to remain in good standing with your AOS. Which is more important to you??

I don't think there is any way he can abandon his H-1B status other than quitting the job the H-1B is based on, or getting a Green Card.

I don't understand something about this case, why does the H-1B become valid long after your current I-94 expires?

Edited May 20, 2007 by Dr_LHA

[Dr_LHA 3]

But Dr_LHA remember that my recent H-1B Visa will be good from October 1! so my worry after Jun 11 (my actual I-94 expiration date) and because I don't want any problems in the H-1B interview next month in Venezuela for over stay with my Visitor Visa.

Sorry I missed this post before. Overstay on your current visa will probably lead to them denying your H-1B visa application at the consulate in Venezuela. If you're going to that interview, you should really leave the USA before your I-94 expires I would say. If you don't I wouldn't leave at all.

You really want to talk to a lawyer about this. Perhaps the company that sponsored your H-1B can help you out?

[StormnRolly 0]

This is what I'm thinking..... That either he leaves the country without AP during the AOS process and GC is denied OR he quits his current job until he has EAD or GC to abandon his H-1B visa... So like I said before which is more important to you your GC or your H-1B Visa... I would pick the one most important to me and do everything I needed to do to get that approved.

[Dr_LHA 3]

This is what I'm thinking..... That either he leaves the country without AP during the AOS process and GC is denied OR he quits his current job until he has EAD or GC to abandon his H-1B visa... So like I said before which is more important to you your GC or your H-1B Visa... I would pick the one most important to me and do everything I needed to do to get that approved.

If he has H-1B leaving the USA won't abandon his AOS, the H-1B will allow him to return. The timing is a bit weird though.

[csoul 0]

Thanks for all answers. I still have some doubts. First of all the lawyer that made my H-1B is very expensive for any call she charge me a lot of money so I'm trying to find at least this answer by myself obviously with help here of other VJ users.

What I want? Well... Have my H-1B visa and return with AP to continue with my AOS process and start my H-1B job in October 1.

My Infopass was useless to get an Emergency AP because the girl request me my birth certificate to compare both names (my father's name and mine) with the hospital letter so I need to return later. My experience in the Infopass: http://www.visajourney.com/forums/index.php?showtopic=68472

A lawyer in another forum told me that right now I'm 100% legal with my pending AOS process and I don't need to care about the I-94 expiration date. I could explain that to the officer in my H-1B interview but I don't know. Maybe will be a problem because my original idea was to go to the interview and don't even mention that I have a Pending AOS status just if he ask me I will tell.

So again... I will try to get my AP, go to Venezuela to the interview and my father's surgery (both same week! full stress for me!) get the H-1B stamped in my passport and return to US using the AP not the H-1B because will be valid from October 1 (or 10 days before that date).

Please give me your opinions.

Thanks

Edited May 20, 2007 by gustahot

[csoul 0]

One thing is very clear: I'm not going to leave US without the AP! I'm not going to put in risk my AOS.

[Dr_LHA 3]

A lawyer in another forum told me that right now I'm 100% legal with my pending AOS process and I don't need to care about the I-94 expiration date.

This is true, if you don't leave the USA.

I could explain that to the officer in my H-1B interview but I don't. Maybe will be a problem because my original idea was to go to the interview and don't even mention that I have a Pending AOS status just if he ask me I will tell.

Dangerous I would say.

So again... I will try to get my AP, go to Venezuela to the interview and my father's surgery (both same week! full stress for me!) get the H-1B stamped in my passport and return to US using the AP not the H-1B because will be valid from October 1 (or 10 days before that date).

Dodgy. What's the point of getting the H-1B visa stamp unless you're going to use it. You don't need the visa stamp to work. If you're going to go the AP route, forget the H-1B visa stamp.

[csoul 0]

What's the point of getting the H-1B visa stamp unless you're going to use it. You don't need the visa stamp to work. If you're going to go the AP route, forget the H-1B visa stamp.

The point is very simple... I need the H-1B to work because I don't have my EAD yet and I don't know how long will take that and more important: is not 100% sure that I will have the AOS approved!! I'm not thinking in a negative way because I think I have everything to have the AOS approval But I just want to have something sure now like the H-1B. I don't know if my AOS is denied then my H-1B will be cancelled too?

Edited May 21, 2007 by gustahot

[Killer_Clown_2009 0]

I'd think it a bit odd that someone pending Adjustment of Status in the US would qualify for an H-1B visa. I know little about it, but I'd make sure that this won't be an issue before getting the Visa. Maybe go to the H-1B visa interview and be upfront about your pending AOS application. You *should* get your EAD within 90 days of application, although I suppose that isn't 100%.

[no name 1]

I'd think it a bit odd that someone pending Adjustment of Status in the US would qualify for an H-1B visa. I know little about it, but I'd make sure that this won't be an issue before getting the Visa. Maybe go to the H-1B visa interview and be upfront about your pending AOS application. You *should* get your EAD within 90 days of application, although I suppose that isn't 100%.

I find it odd as well. The OP filed his AOS/EAD/AP on May. His job that the H1B is for doesn't start till October. He will have EAD by then.

[Dr_LHA 3]

What's the point of getting the H-1B visa stamp unless you're going to use it. You don't need the visa stamp to work. If you're going to go the AP route, forget the H-1B visa stamp.

The point is very simple... I need the H-1B to work because I don't have my EAD yet and I don't know how long will take that and more important: is not 100% sure that I will have the AOS approved!!

You don't need to go get a H-1B visa stamp to work, the H-1B receipt notice is enough, so you can remain in the USA and start your H-1B job in October no problem. However leaving the USA after a visa overstay and applying for the visa stamp may result in denial of the visa stamp due to your overstay.

I think you should make every effort not to leave the USA honestly, and if you do, don't bother getting the H-1B stamp because it will most likelly just cause you issues if your visa gets denied.

That and I really don't know what the legal consequences of having a H-1B visa stamp, but entering the USA on advance parole rather than the visa, could be iffy. A lawyer is needed to fully understand the consequences.