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An H1B is
usually valid for a period of 3 years at a
time, extendable by another 3 years on renewal.
Your legal
status depends on the expiration date written
on the I-94 card by the INS officer at the
port-of-entry. As long as the mentioned date
is valid, irrespective of whether your visa
stamp in the passport has expired or not,
and you are continuing to work for the sponsoring
employer under the terms of the petition,
then you are legally permitted to be in the
US. However, you would need to renew your
visa stamp if you plan on leaving the country
for a while.
For the purpose
of renewal / extension of your H1B, the following
documents need to be submitted to the US State
Department:
- Valid passport (at least
six months validity remaining) for the applicant
and each family member.
- The original of the form
I-94 issued to the applicant by the Immigration
and Naturalization Service.
- Form I-797: The latest
INS approval notice. This has information
on the applicant's current employer and indicates
the approval dates or renewal / extension
dates.
- Employer's Letter of Support
addressed to the Visa Office of the Department
of State. This letter should contain
information relating to the applicant's position,
the nature of the business or profession,
and an explanation
as to why the visa is needed.
- A money order or certified
check, payable to the Department of State,
for visa fees.
- A properly executed visa
application form for each person requesting
renewal of visa.
- A self-addressed postage-paid
envelope for returning the documents.
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