QUESTION

H1B sponsors I94 validity dependency on B2 visitor visa for parents

Asked on May 27th, 2015 on Immigration - Texas
More details to this question:
My I94 is expiring in October 2015 but my I 797 is valid till October 2017. I have applied for B2 visa for my parents and their interview is scheduled in mid June 2015. What are chances of visa getting rejected due to my I94 expiring in October. They will be will travelling in October. My employer has started the process to extend the I94 but it will take some time(probably 2-3 months). Should I postpone the parents interview till I get the new dates. What other options do I have?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you have a valid H-1B visa until October 2017, you can exit and return to the U. S. As long as you have a passport which is valid 6 months after October 2017, you would be given an I-94 entry to that date. If Customs and Border Protection (CBP) made a mistake with your entry, you can return to CBP at any port of entry and ask to have the mistake corrected. Otherwise you could wait until your employer’s process is finished. If such is the case, you may wish to postpone your parents’ interview.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 25th, 2015 at 6:17 AM

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