CBP issued I-94 expired but I-94 on I-797 still valid

[Krishna221989]

Hi All! Please find below details about my visa/petition/i94.

1. When I first entered the United States in May 2014, I was given a valid i94 until May 31, 2016 (same as visa validity date).
2. Then I went to India in Dec 2014 with a valid visa and i94. Upon returning, I was given i94 until June 10, 2016.
3. I then moved to the current project in May 2015 for which a petition amendment was applied. It was approved and I had received I-797 until Dec 31, 2017.
4. In Nov 2015, I traveled to India (when my visa and initial i94 were still valid) and upon returning to the United States, was given i94 until June 10, 2016 again; which was valid at time. So, I had a valid CBP issue i94 and i797 associated i94 then.
5. I still have a valid I-797 for my current project with i94 having validity until Dec 31, 2017.

Now a huge issue is that it is time for extension but our company attorneys are reluctant to take my case forward because my CBP issued i94 has expired. All this while I was under the impression that since i797 still has a valid i94 associated with it (in my case Dec 31, 2017), I can file for extension and continue to work. However, my understanding was totally wrong. I am apparently living here "Out of Status" and do not know what to do. I have read many posts wherein people have been lucky when they have visited the CBP Deferred Inspection Site to get their i94 corrected; others have got Nunc Pro Tunc extension filed by their company Attorneys.

What options all do I have? Can I take the risk of going to the CBP Deferred Inspection Site and speak to an officer for correction all by myself; or should I be represented by an attorney? Also, on what basis do attorneys decide whether to file to NPT extension or not? Is going to India and coming back with a stamped visa a safe option?

Thanks a lot for your responses in advance. Waiting in anticipation!

[pontevecchio]

In November, 2015 why did you not show the CBP Officer the relevant H1 petition approval for the MAY, 2015 pROJECT?

[shekar11#]

11 hours ago, Krishna221989 said:

Hi All! Please find below details about my visa/petition/i94.

1. When I first entered the United States in May 2014, I was given a valid i94 until May 31, 2016 (same as visa validity date).
2. Then I went to India in Dec 2014 with a valid visa and i94. Upon returning, I was given i94 until June 10, 2016.
3. I then moved to the current project in May 2015 for which a petition amendment was applied. It was approved and I had received I-797 until Dec 31, 2017.
4. In Nov 2015, I traveled to India (when my visa and initial i94 were still valid) and upon returning to the United States, was given i94 until June 10, 2016 again; which was valid at time. So, I had a valid CBP issue i94 and i797 associated i94 then.
5. I still have a valid I-797 for my current project with i94 having validity until Dec 31, 2017.

Now a huge issue is that it is time for extension but our company attorneys are reluctant to take my case forward because my CBP issued i94 has expired. All this while I was under the impression that since i797 still has a valid i94 associated with it (in my case Dec 31, 2017), I can file for extension and continue to work. However, my understanding was totally wrong. I am apparently living here "Out of Status" and do not know what to do. I have read many posts wherein people have been lucky when they have visited the CBP Deferred Inspection Site to get their i94 corrected; others have got Nunc Pro Tunc extension filed by their company Attorneys.

What options all do I have? Can I take the risk of going to the CBP Deferred Inspection Site and speak to an officer for correction all by myself; or should I be represented by an attorney? Also, on what basis do attorneys decide whether to file to NPT extension or not? Is going to India and coming back with a stamped visa a safe option?

Thanks a lot for your responses in advance. Waiting in anticipation!

You need to discuss case with immigration attorney. Do it as soon as possible.

[Krishna221989]

On 8/7/2017 at 8:11 AM, pontevecchio said:

In November, 2015 why did you not show the CBP Officer the relevant H1 petition approval for the MAY, 2015 pROJECT?

I was under the impression that with valid stamped visa and approved petition, i could stay

[pontevecchio]

As suggested you need to discuss specifics with a good lawyer.