Expired I-94 but valid I-797 currently out of status

[Anibagu]

Hello,

I recently found out that I am out of status because my latest I-94 expired 200 days ago but my I-797 is still valid until end of this year. 

 I visited India with valid visa and stamping in dec 2015 and while coming back i got I 94 till jan 2017 but by that time my company had  split and formed its own entity from its parent company. So had applied for h1b amendment and extension which extended my visa until end of this year. I did not have the updated approved I 797 with me at the time of travel and i was never asked during my entry into US. 

We realised the fact when we tried apply for H1B extension. Now my company attroney is suggesting me to go to India get visa stamped as i am still eligible for dropbox (hopefully) and comeback.

Is this a good idea? Are there any other options? And what are the risks. Please help.

Thank you

[pontevecchio]

Ask your lawyer specific questions. Your scenario is a bit vague. Maybe provide just the specifics. Ask your Lawyer specifically why you are not subject to the THREE YEAR BAN for leaving after overstaying the I94 more than 6 months.

[Anibagu]

Thanks for the reply. 

To be specific, I visited India in Dec 2015 and came back in Jan 2016. During my visit I had valid H1B stamping which was valid till DEC 2016. When I came back I got my updated I-797 which is valid  from Nov 2015 till DEC 2017 from my company.  When we were about to start the H1B extension now and pulled out I-94 I realized the mistake.  so my attorney  is suggesting to go to India, get it stamped with updated I-797 (which is valid till end of this year) and come back.

I am really worried. Please suggest if there are any options 

 

[Mohankbv555]

Hi Anibagu - what did you end up doing?

[Mohankbv555]

I am in the same boat and like to know what happened with your case.