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

Asked 2 months ago - Fairfield, CT

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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)

  1. Pro

    Contributor Level 20

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    Answered March 14, 2013 13:11. 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... more
  2. Contributor Level 20

    2

    Lawyers agree

    Answered March 14, 2013 13:41. 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... more
  3. Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered March 14, 2013 16:39. 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 www.... more

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