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H1B Expiry Date(I 797) more than Maxout Date

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Posted by reneny (727) 18 Jul 2013#1
Hi All,

I had recently done a H1B transfer from Company A to B.

Now the latest I797 has an expiry date more than my maxout date (by 2 months).

Maxout - Jan 2014
I 797 Expiry - Mar 2014.

Can I stay till Mar 2014 ?

Just wanted to know if anyone has done this already and what happens ? Will I be out of status by Jan 2014?

Company B has started my PERM process.

I have searched some previous threads and getting conflicting remarks.

I am asking my attorney as well.

Please help if you know anything regards to this.

Thanks in advance.
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Posted by rishiksinha (4) 04 Aug 2013#2
I am in the exact same situation, My maxout date is in september 2013 but my I94 and I797 and stamped are till march so not sure when do I have to leave United States? Before September 2013 or before March 2014
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Posted by CompDentGC (313) 04 Aug 2013#3
How do you know your max out date? Did u calculate it correctly?
If your 797 and I94 show the same expiration dates, you shd be ok till that date.
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Posted by rishiksinha (4) 04 Aug 2013#4
I have used the maxout calculator from my company. I calculated the total number of days in US excluding all the vacation time outside and it appears to complete in September.I wonder what my status would be inspite of a valid I94 and I797.
What I am most surprised about is that my I797 from my previous company too was till October and then I got an extension till march after transfer to the new company...
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Posted by reneny (727) 04 Aug 2013#5
to rishiksinha:

I am trying to utilize the date by taking a vacation outside US how much I can.
In my case it is just 40 days extra.
So I don't have to do any recapture extension.
I don't want to rely on any governmental error.it can come back to bite us later.
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Posted by rishiksinha (4) 04 Aug 2013#6
Did you talk to an attorney yet?
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Posted by karthiksubbu (10917) 05 Aug 2013#7
to reneny:

I think your out of status is determined by your I94, but I could be wrong. In any case don't you need to somehow extend your H1 even before Jan 2014?
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Posted by reneny (727) 05 Aug 2013#8
to karthiksubbu:

Yes.the extension has already been done until march 2014 when I moved to new company.

I am just trying to utilize the new date even though I maxed out by taking a vacation.

I don't know if I explained your query.let me know.

Thanks.
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Posted by reneny (727) 05 Aug 2013#9
to reneny:

I 94 also mar 2014
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Posted by lithens83 (1) 12 Feb 2018#10
to reneny:

Hi - can you share what you did in your situation. did you overstay or left US by the max out date?
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Posted by rishiksinha (4) 12 Feb 2018#11
I left US before maxout as was advised by my company's immigration team.If however you have your PERM (priority date) applied 365 days before your max out, you can apply for yet another extension and continue to stay
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