Expired I-94 & H1B Visa over 180 days but I-797A valid until September 2015

[paragsk]

My paper I-94 attached to the passport & H1B Visa expired in November 2014. This Visa is from my old employer. I switched to a new employment in September 2012 and got a new H1B petition valid until September 2015. I-94 card in the new petition is also valid until Sep 2015. My green card is in process with my I-140 approved.  

 

I travelled to India in 2013 and returned to US on the above visa, which was active at that time.  I had the new petition with me during that time. I do not recollect showing this to officials at port of entry. At the US entry I got I-94 valid until end of visa period i.e., Nov 2014.

 

Wanted to understand if I am out of status despite having the I-94 attached to new H1B petition valid until Sep 2015. Should I have to leave US immediately and get a visa stamped in India using current H1B petition or should I file and get my H1B extension, as the current one is expiring in Sep 2015, and then travel to India for Visa stamping. Will I have issues getting a Visa in my next visit to India. What should be my next steps?

 

[jairichi]

The latest I94 is considered and in your case with a validity till Nov 2014. You are not out of status but have accumulated illegal stay in US along with unauthorized employment. You are staring at a ban to enter US. Talk to an attorney right away and ask whether a nun pro tunc can be applied in your case and do accordingly.