i94 expired 190 days but have valid H1B visa and Labor certification


bkmn

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Hi All,

I recently discovered my I94 status which has expired 190 days back along with my old passport. I had got my passport renewed but forgot about I94.

After talking to my employer they are filing NPT and i am currently in an inactive employment status. My employer is filing an urgent(expedite) NPT.

 

Meanwhile i am looking for anyone(or anyone you may know) with similar situation in terms of immigration status. What is the success rate for this? Does having labor certification help in anyway ?

 

Also my attorney has asked for hardship details. Does this help? For the last 1.5 year, i was heads down with my work. I planned to visit Canada for pleasure and China for work but couldn't go because of work - i have visa to these countries on the new passport

 

Thanks

Bharath

 

 

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I have somewhat similar situation.

 

I was working with company A.

My H1b (I-797) is Valid from 10/01/2013 Until 09/01/2016.

 

I move to company B

My H1b (I-797) is Valid from 02/04/2014 Until 02/03/2015.

went to India and got Visa Stamping.

 

(08/25/2014)

I moved back with company A. they did not terminate my H1 which is valid till 2016, they thought of using the same H1 till 9/1/2016 .

 

Today (09/22/2015)

When I entered my details to get I-94 details it shows admit until date 2/3/2015.

 

Is my staus Illegal ? if yes, What do i have to do to resolve the issue ?

 

Please suggest.

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I have somewhat similar situation.

I was working with company A.

My H1b (I-797) is Valid from 10/01/2013 Until 09/01/2016.

I move to company B

My H1b (I-797) is Valid from 02/04/2014 Until 02/03/2015.

went to India and got Visa Stamping.

(08/25/2014)

I moved back with company A. they did not terminate my H1 which is valid till 2016, they thought of using the same H1 till 9/1/2016 .

Today (09/22/2015)

When I entered my details to get I-94 details it shows admit until date 2/3/2015.

Is my staus Illegal ? if yes, What do i have to do to resolve the issue ?

Please suggest.

It is illegal for you to join employer A without filing a cap exempt H1B petition as by law employer A should have revoked that H1B petition once you left them.

Your stay in US after 2/3/15 is illegal as your I94 has expired. You are looking at 3 years ban to enter US. Contact an attorney today to see whether nunc pro tunc is an option.

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