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Will it be a problem to renew a visa stamp when I94 will already expire in 3 months?

Fairfield, CT |

my husband has a valid h1 i94 and I797 expiring by end of Mar 2014. however, our current visa stamp has already expired last sept 2010. we never got the chance to travel outside US that time, hence the visa was never renewed. however we are planning on taking a 3 weeks travel out of US on Dec 2013. If we apply for a renewal of visa, that visa will be set to expire on Mar 2014, as that is when our I94 and I797 will expire. That is roughly 3 months. Will this cause a problem during stamping?

We have already reached our maximum 6 yrs under H1. Mar 2014 is the final date. However, we have a few weeks that we can recapture and also my husband's employer is planning on filing his immigrant petition sometime on Nov 2013. Given our situation, is it safe to travel on Dec 2013?

Attorney Answers 3


Yea, it should no problem for you both to get new visas.

(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.

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What governs status in the US is the I-94, not the visa stamp.

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. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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