I797 expired, Visa,I94 and PED on Visa is valid

sarthakkumar

By sarthakkumar,
in H1B : I-94 Cards

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sarthakkumar Member

sarthakkumar

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I have question on my current visa status, Let me give more detail about my Visa and my concern. My H1B I797 Petition Validity Date was till 15-Jan-2014 but at the time of Stamping of my Visa, Visa expiry date mentioned in my Passport is 15-Jan-2016 and PED date in VISA is also same 15-Jan-2016. When I entered US, I94 has also been issued for 15-Jan-2016.

Currently, I am in US. I haven't filed extension considering my Visa is still valid based on PED and I94.

 

Petition Validity Date  - 15-Jan-2014
visa Expiration Date   - 15-Jan-2016
I94 Expiry Date         - 15-Jan-2016
PED on VISA            - 15-Jan-2016

Shall I continue work in US with this information?

Shall I still go for visa extention?

Shall I somehow get my I797 corrected or mapped with other dates?

 

Please help me with the above query?

 

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jairichi Advanced Member

jairichi

Posted
Posted

I have question on my current visa status, Let me give more detail about my Visa and my concern. My H1B I797 Petition Validity Date was till 15-Jan-2014 but at the time of Stamping of my Visa, Visa expiry date mentioned in my Passport is 15-Jan-2016 and PED date in VISA is also same 15-Jan-2016. When I entered US, I94 has also been issued for 15-Jan-2016.

Currently, I am in US. I haven't filed extension considering my Visa is still valid based on PED and I94.

 

Petition Validity Date  - 15-Jan-2014

visa Expiration Date   - 15-Jan-2016

I94 Expiry Date         - 15-Jan-2016

PED on VISA            - 15-Jan-2016

Shall I continue work in US with this information?

Shall I still go for visa extention?

Shall I somehow get my I797 corrected or mapped with other dates?

 

Please help me with the above query?

How can you work when your petition is no more valid? Your employer has to file for extension.

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jairichi Advanced Member

jairichi

Posted
Posted

Thank jairichi for your reply.. As my Pettioner is already expired.. Is it possible to go for extension now?

 

If I need to go back.. will I be eligible for fresh application with same petition under Cap-exempt H1B?

I am a bit confused here. How did you get your PED on visa as 15th Jan 2016 when your petition is valid till 15th Jan 2014? Did you talk to your attorney as there is a possibility of error during stamping? You need to talk to your attorney.

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  • 4 weeks later...
sarthakkumar Member

sarthakkumar

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Hi Jairichi,

 

I have traveled back to India as per Attorney's suggestion. Also as per Attorney, it looks like typo from USCIS file stamping my Visa, they have entered wrong PED date.

 

Also, we are going to apply my fresh application under Cap-exempt.

 

I have few more questions, if you can help me with same.

 

1. As I have valid I94, my stay for last two month will be considered as Overstay.

2. What are chances for my fresh application?

3. Any other consequence that you can think.

 

Thanks in Advance!

 

 

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jairichi Advanced Member

jairichi

Posted
Posted

Hi Jairichi,

 

 

 

I have traveled back to India as per Attorney's suggestion. Also as per Attorney, it looks like typo from USCIS file stamping my Visa, they have entered wrong PED date.

 

 

 

Also, we are going to apply my fresh application under Cap-exempt.

 

 

 

I have few more questions, if you can help me with same.

 

 

 

1. As I have valid I94, my stay for last two month will be considered as Overstay.

 

2. What are chances for my fresh application?

 

3. Any other consequence that you can think.

 

 

 

Thanks in Advance!

1. Yes, overstay and illegal work authorization.

2. Should not be a problem.

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  • 8 months later...

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