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Immigration Issues/h4 to H1 while my I-94 is expiring

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Question
Hi,
My I-94 expires this June.I have H4 petition Valid until Jan of 2009.My h4 to H1 change of status was picked in lottery of April 2008.My Husband's attorney wants to file for an extension of I-94 until sept 30 2008(He wants to extend my I-94 until sept 2008).My Question is:
1.Do I have to go out of US to get my H1 stamped ,in order to use my H1?
Please kindly answer the query.
Thanks,
Suneetha

Answer
Suneetha,
As it stands you need to leave the country in June and come back on H-1 (with H-1B visa) in September 2008.  So I suggest that you follow your attorney's advice if you intend to stay in the US after June.  The expiration of the I-94 should have been noticed earlier and you should have filed the extension prior to filing the H-1B. Having not done so will now result in H-1b approval but without a change of status to H-1B.

I would suggest that you check if the H-1 was applied as a change of status or visa processing. If applied as COS then you need to file for the H-4 extension and link it to the H petition to prevent you from leaving the country.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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