paragsk Posted June 12, 2015 Report Share Posted June 12, 2015 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? Link to comment
jairichi Posted June 12, 2015 Report Share Posted June 12, 2015 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. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.