回複：回複：回複：上會的問題再問問8老師和皮老師

學校說我的 "H-1b status expire on 10/10/2012“.下麵是HR給我的回信：

 

This is an important question. According to the “last action rule,” the last I-94 card that was issued to you is the “controlling” I-94 card. The I-94 card based on the H-1B extension petition was issued on 11/15/11 valid until 10/21/13. The I-94 card you received on 12/17/12 is the controlling one and therefore your H-1B status expires 10/10/12.

Attached is the email I sent your department on 05/02/12, in which I inform her that your H-1B status expires 10/10/12 and that we need to file an extension petition before then.

下麵是HR給係裏的回信

His H-1B eligibility ends 10/21/13; however, we can use any time he has spent outside the U.S. since 10/22/07 to extend it further. An extension petition may be filed any time. Regular processing is currently taking 2-3 months.

-Your HR is correct.

按老師您的意思，我的renewH-1b 還是可以會美來的，是嗎？我回來是拿上次的簽證（10/10/2012 到期），拿renew 的H1b (I-797) 入境？

-I have answered your same questions for many times. Please read my previous commens carefully. I summerize it here again:

 you have two choices:

1. Ask your HR to file H1 extension before 10/10/2012 and file your I-485 when your PD is current;

2. Go to China before 10/10/2012 and come back using your new H1 approval notice (valid from 11/15/11 valid until 10/21/13) and your valid visa (or apply for a new visa if the old one expires) and get the new H1 I-94. Then, file I-485 after you come back and when your PD is current. I suggest you to take the second chocie.