H1 Extension RFE-OUT OF STATUS due to exipired i94 for 3 years -Shocking situation Pleas help

[mmn1234]

Hi  Experts,

                     I have an unexpected RFE issue currently which my company is trying to provide response. (See attachment for RFE details). when i  entered US in dec 2013, At port of entry they entered old i797 expiry date to i94 which was ending on Dec 31-2013 . But new i-797 was valid from Jan 1 2014 to Oct 2016. RFE is saying that i am out of status from jan 2014 to till date.

 

 It was my clear mis understanding that what ever government takes latest decision takes precedence to previous ones.  And the Customs and Borders agent did not update the i-94 date to the latest i-797 when i entered. 

 

Please let me know if any one experienced this situation and for any possible hope. My i-140 was approved in 2011. i have been in US for 11 years.

 

Regards 

 

 

[Krish1212]

Hi,

I'm also in similar situation, but my i94 is yet to expire despite I have my new i797 with 9 more months than what I see on online i94.

[mmn1234]

I had to goto nearest CBP corrections office with a lawyer which resolved my i94 correction eventually my H1 extension was approved. 

 

 

 

[Mr.Rao]

@mmn1234 Good that your problem got solved. I have a quick question though. What was your visa status during your entry into in the US? did you have visa for the new i797 or the visa was still with the old i797?