I-94

H-1B Visa Stamping in Canada or Mexico; Importance of I-94

I am currently working on H1B visa, My current visa stamping is via my previous employer (Employer A) and valid till September 2017 and my I-797 is via my current employer (Employer B) ,its valid till August 2018. I have few queries regarding my new H1B visa stamping and I-94.
1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.
2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer.
3. I can see also my I-94 expiring is September 2017. Do I need to reach out to USCIS to update it, in order to maintain my status.

Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

Video Transcript

1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Does H-4 Require a Prior USCIS Approval for Visa Stamping?

My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I-94 Given for a Shorter Duration at the Airport than the Petition Approval Date

I have an approved I-797A with company B valid till 2018 May (attached i94 with same dates). My Visa with Company A valid till 23 Aug 2017 (old passport). I got a new passport in 2015 Dec, which I have applied after moved to company B. I traveled to India in June 2016 and comeback, CBP officer gave me I-94 till 23 Aug 2017 with new passport entry, because of new passport I-94 number changed. My question is I-94 (May 2018) is on my I-797 is still valid or it will valid only till 23 Aug 2017? If valid only till 23 Aug 2017, How to solve this issue with out going out of the country.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Protection of Section 245(k) for Employment-Based I-485

Will there be any issue with my I-485 approval? If it gets denied, will my unlawful presence/out of status be counted from the time my I-94 expired? What should be my next steps?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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60 Days Grace Period for H-1B

My Project with My Client will end soon and my employer doesn't have any further projects and asking me to go back to my home country (India) by end of this month. My Visa is valid till Aug 2017 with extension filed. So I am considering to resign on last day of the assignment. ( no new employer found yet).
1) as per new Rule would I be getting the grace period till my I 94 expires i.e till Aug 2017? Is this correct? ( 60 days grace period rule) Also during this Grace period Can I apply for a Change of Status to another non immigrant Visa - F1? (change to a different nonimmigrant classification.) if yes and F1 filed after termination of employment, will this not be considered as timely filed which can result in problems in the future?
2) if F1 is filed Should I start my classes before I94 expiry date or can I Start in September or should I wait till F1 is approved ( after 90 days from date of filing F1)?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

Discussion Topics, Thursday 13 July 2017: 

FAQ: Evidence or documents created after the filing of a petition || H-4 EAD when an I-140 is revoked after 180 days || Can a green card be started on F-1 status? || New regulations, effect on layoff after I-140 approval || Reentry permit to preserve green card and extensions || I-94 given for a shorter duration at the airport than the petition approval date ||

Other: Deportation for crimes || Changing status after marriage in the USA || Revocation of I-140 after 180 days || Effect of minor violations on immigration status || Filing H-1 amendment, etc. || Removal of condition, Form I-751 || Multiple I-94 issued || Changing status when a change of status petition is pending || PERM - effect of variation in job description/requirements || Getting a copy of I-140 by filing FOIA with USCIS || Applying for change of status to H-1 || Calculating deadlines for RFE response falling on holidays || Changing status from H-1 to F-1, etc.

H-1B title "Programmers" and USCIS site visits

Brief history - 7th year on H1, 140 approved.
1. Per recent USCIS memo 'H-1B for Programmers - 2017 Guidance'.... if the designation in my current LCA has 'Programmer' word, should I be changing the designation to a different one when I apply for H1 ?renewal?
2. Also in the same memo, it said: "USCIS will now target employers petitioning for H-1B workers who work off-site at another company or organization’s location." ........what does that mean......between my employer and the end client there is middle vendor...is that in any way related to what's stated above?
3. My most recent H1 is via COS from H4 and is valid until March -18. I will be applying for H1 renewal 6 months before but just in case the renewal doesn't go through, can I apply for a change of status to H4 while I'm here .

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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H-1 I-94 given at the airport for a duration shorter than the H-1 approval, how to extend I-94?

I have my H-1 extension till 2020. I recently visited India and got visa stamped 2020 as well but while coming back as my passport validity was till Feb 2018 - I got the I94 till Feb 2018. How do I extend my I-94?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Changing employers after 6 years of H-1 are over

1. With my approved I-140 from Company B can Company C use that to file my extension for 3 years. I have a copy of approved I-140. Is it safe to change companies in the 6th year.
2. Using the approved I-140, I have filed H4-EAD for my spouse in Feb 2017 and is yet to receive the EAD approval. If I get it will be only valid till Nov 2017 based on current I-797 validity. So, if H1-B is approved for Company C, can I file extension of H4-EAD 120 days before validity based on that approval. If EAD is provided, it is going to expire on Nov 2017 based on the H1-B's current I-797.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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