I-94 Out of Status!

[abhishek1982]

I entered US on 30th October 2011. At that time I had two I-797.

 

1st my orginal I-797 approval. which was valid until September 30th 2012 and that's the date which office have on my I-94 at the port of entry.

 

2nd I-797 approval which was ammendment on the earlier petition and valid until March 27th 2014.

 

Now, my lawyer is applying for my H1b extension and he's telling me that I am out of status. Please Help!

[jairichi]

I entered US on 30th October 2011. At that time I had two I-797.

 

1st my orginal I-797 approval. which was valid until September 30th 2012 and that's the date which office have on my I-94 at the port of entry.

 

2nd I-797 approval which was ammendment on the earlier petition and valid until March 27th 2014.

 

Now, my lawyer is applying for my H1b extension and he's telling me that I am out of status. Please Help!

Does your 2nd I797 have I94 attached to it? If yes, what is the mentioned expiry date?

[abhishek1982]

My 2nd I797 is attached and has an expiry date of 27th March 2014!

[abhishek1982]

Does your 2nd I797 have I94 attached to it? If yes, what is the mentioned expiry date?

Yes, I have I94 attached to my 2nd I797 and date is 27th March 2014.

[jairichi]

Yes, I have I94 attached to my 2nd I797 and date is 27th March 2014.

Based on your 2nd amended H1B petition approval you are in status till 27th March 2014. Employer has to file for extension before 27th March 2014.

[abhishek1982]

Based on your 2nd amended H1B petition approval you are in status till 27th March 2014. Employer has to file for extension before 27th March 2014.

But, My Laweyr is saying...Since we got this ammendment (July 2011) prior to my last entry in US Oct 2011. I should have been given valid I-94 till 2014 and not till 2012 as per my previous petition. So, there records might not be updated and i might be considered out of Status.

[abhishek1982]

But, My Laweyr is saying...Since we got this ammendment (July 2011) prior to my last entry in US Oct 2011. I should have been given valid I-94 till 2014 and not till 2012 as per my previous petition. So, there records might not be updated and i might be considered out of Status.

[pontevecchio]

What does the I94 you got on your last entry to this country say in terms of expiry? Secondly even if he says you may be considered out of status did you actually ask him what he proposes to do about the matter and what the consequences could be?

[jairichi]

But, My Laweyr is saying...Since we got this ammendment (July 2011) prior to my last entry in US Oct 2011. I should have been given valid I-94 till 2014 and not till 2012 as per my previous petition. So, there records might not be updated and i might be considered out of Status.

When you entered US on 30th Oct 2011 what was the validity of paper I94 issued at POE? I believe you showed your amended H1B I797 at POE and got an I94 based on that. 

[abhishek1982]

For Some reason, he gave me I-94 date as 30th sept 2012 instead of 27th March 2014..I did show him the both the I-797. May be it wasn't updated in his system and at that time I didn't knew what date he should give me.

 

 

My Lawyer is saying let's apply...if they find it...I am doomed,,,

[jairichi]

For Some reason, he gave me I-94 date as 30th sept 2012 instead of 27th March 2014..I did show him the both the I-797. May be it wasn't updated in his system and at that time I didn't knew what date he should give me.

 

 

My Lawyer is saying let's apply...if they find it...I am doomed,,,

If your I94 that was issued at POE had 30th Sept 2012 as expiry date then you were not only out of status but also illegally present in US from 30th Sept 2012 till now. Your attorney was correct. This is serious issue. You have to act fast as just applying for an extension and waiting for a decision is not going to help you. For second opinion talk to a good immigration attorney asap about how to proceed.