L1B to H1B approved without new I-94

[manush123]

Hi,
I was working for Company A on L1B visa. Company B filed H1B and it was approved without the I-94 even though it was specified in I-129 petition. I resigned Company A. My last day was 30th Sep and supposed to start working for Company B from 1st oct. Company B did not realized this USCIS error until 30th Sep. Company B filed USCIS service request to correct this error on first week of Oct. There is no update on the service request yet. After waiting for one month on service request, Company B filed H1B amendment in premium processing and It was approved with I-94. I was expecting this to be approved from 1st oct but it was approved from 3rd week of Nov. Now because of this situation I have a gap of approx 50 days.

​-> Do you think i was out of status on these 50 days? For your information, my previous I-94 (which i got on L1B) was valid at that time.

-> what will be the consequences of this? will this be an issue during my Perm process? If so, What should I do to make sure there will be no issues during perm process. 

-> Do we need to still wait for service request result which was created earlier to correct this error? 

 

Appreciate your quick reply on this.

 

thank you.

 

[pontevecchio]

If they gave you an I94 they do not consider you out of status. The date situation is a function of the software used by USCIS. Also run this by your company Lawyer.