H1B visa :-I94 extension and I797 petition expiry.


I entered the US on 20th May 2012 on H1B and got I94 till 19th May 2013.My H1B visa expiry is on 26th October 2012.My extension is in process of documentation(I have just posted my LCA for 10 days yesterday), not yet submitted.

I want to know when do I have to file for extension.Does it have to be before visa expiry or whether my I94 date is the date till which I can stay and work.

Please let me know as my visa is expiring on 26th october.Since LCA posting will take another 9 working days, can we apply after the visa(I797 petition) expiry.



The H-1 extension needs to be filed prior to current 797 expiration date. Once this has been filed, you can continue to stay and work until 240 days past I-94 expiration date or H-1 extension denial date (whichever is earlier).