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I need to renew my R1 visa, expires in December 2012.

Brooklyn, NY |

When do I start filing the paperwork and if I don't get an approval by December am I allowed to be in the US until the approval comes through. Also when the approval comes would I need to go to the embassy in my home country?

Attorney Answers 3

  1. You cannot apply for an extension this early. Apply about 6 months in advance. You will only need to go abroad if you want to apply for a new visa to travel abroad.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  2. Mr Shusterman is correct. If you timely file , you can stay in the US pending adjudication of your case.

    Neil I Fleischer (513) 977-4209 Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 Enjoy our Blog at

  3. You can apply for an extension no more than six months prior to the expiration of your current I-94. You are allowed to remain in the US until USCIS makes a decision, provided the request for the extension was filed before the I-94 expires.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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