I-94- getting EXPIRED BUT I-797 STILL Valid until Nov 2018

kumar76g

By kumar76g,
in H1B : Visa Stamp

Recommended Posts

kumar76g Advanced Member

kumar76g

Posted
Posted

Hi ,

I entered into US on Feb 11 2018,  and i got new i94 valid until Aug 7 2018 . But i 797 is valid till Nov 2018. 

My wife has the visa until Nov 2018 and her new i94 is valid until Aug 7 2018.

Currently my employer is planning to send the H-1B extension packet along H-4 extension before Aug 7 2018. 

After Aug 7 2018 , will we both are out of status ? I am little concerned

 

Link to comment
shekar11# Advanced Member

shekar11#

Posted
Posted
22 hours ago, kumar76g said:

Hi ,

I entered into US on Feb 11 2018,  and i got new i94 valid until Aug 7 2018 . But i 797 is valid till Nov 2018. 

My wife has the visa until Nov 2018 and her new i94 is valid until Aug 7 2018.

Currently my employer is planning to send the H-1B extension packet along H-4 extension before Aug 7 2018. 

After Aug 7 2018 , will we both are out of status ? I am little concerned

 

If the application reaches before August 7th you are good.

Link to comment
kumar76g Advanced Member

kumar76g

Posted
  • Author
Posted

I think my I94  expiry Date is alinged my Visa Stamping , i got visa stamp untill 7/28/2018.  Later on i moved another company and h1 b got approved until Nov 26 2018.

It is getting very to aug 7 , I am concerned about this and asked my employer to fill the H1b extension , he said he will be sending the petition before Aug 7 , hope fully this friday. Initially he is thinking that my h1 b is valid till  Nov 26 2018 , Also i got new i94 untill with h1b approval But i went to india this year feb so it void the my i94 expiry date with my H1 B Visa Stamp. 

 

 

 

Link to comment
kumar76g Advanced Member

kumar76g

Posted
  • Author
Posted
On 8/1/2018 at 3:56 PM, pontevecchio said:

Why is the I94 date different from the petition end date?

Is it not getting very close to August,7 ? Why was the extension not filed before this time?

I think my I94  expiry Date is alinged my Visa Stamping , i got visa stamp untill 7/28/2018.  Later on i moved another company and h1 b got approved until Nov 26 2018.

It is getting very to aug 7 , I am concerned about this and asked my employer to fill the H1b extension , he said he will be sending the petition before Aug 7 , hope fully this friday. Initially he is thinking that my h1 b is valid till  Nov 26 2018 , Also i got new i94 untill with h1b approval But i went to india this year feb so it void the my i94 expiry date with my H1 B Visa Stamp. 

Link to comment
kumar76g Advanced Member

kumar76g

Posted
  • Author
Posted

 

On 8/2/2018 at 1:00 PM, shekar11# said:

If the application reaches before August 7th you are good.

Luckily employer applied the extension on Aug 8 2018 and said i wont be out of status now. as my I94 is ended on aug 7 and we got the receipt on aug 8.  is it still ok.

1) Is it legal to work after I-94 expiry with labor approval and receipt number? 
2) Total employer negligence is Caused this. Will My H1B will approved without RFE for the same reason i.e received date after I-94 expiry date. 
3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ? 

4) Can i change the employer if there is any RFE. 

5) is it better find a new job and change the employer as soon as possible. 

6)Is my stay considered as unlawful presence , even though i have H1B approval notice until Nov 26 2018 . 

7) what is the best solution for me to do in this situation.

Link to comment
kumar76g Advanced Member

kumar76g

Posted
  • Author
Posted
On 8/9/2018 at 11:46 AM, kumar76g said:

 

Luckily employer applied the extension on Aug 8 2018 and said i wont be out of status now. as my I94 is ended on aug 7 and we got the receipt on aug 8.  is it still ok.

1) Is it legal to work after I-94 expiry with labor approval and receipt number? 
2) Total employer negligence is Caused this. Will My H1B will approved without RFE for the same reason i.e received date after I-94 expiry date. 
3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ? 

4) Can i change the employer if there is any RFE. 

5) is it better find a new job and change the employer as soon as possible. 

6)Is my stay considered as unlawful presence , even though i have H1B approval notice until Nov 26 2018 . 

7) what is the best solution for me to do in this situation.

Could anyone please answer the above question , i am a confused state now

Link to comment
shekar11# Advanced Member

shekar11#

Posted
Posted
On 8/9/2018 at 12:46 PM, kumar76g said:

 

Luckily employer applied the extension on Aug 8 2018 and said i wont be out of status now. as my I94 is ended on aug 7 and we got the receipt on aug 8.  is it still ok.

1) Is it legal to work after I-94 expiry with labor approval and receipt number? 
2) Total employer negligence is Caused this. Will My H1B will approved without RFE for the same reason i.e received date after I-94 expiry date. 
3) If not legal to work and I had to return back to my country, then what are the impacts for future visa if I may have to apply ? 

4) Can i change the employer if there is any RFE. 

5) is it better find a new job and change the employer as soon as possible. 

6)Is my stay considered as unlawful presence , even though i have H1B approval notice until Nov 26 2018 . 

7) what is the best solution for me to do in this situation.

1. If you apply extension before your I-94 expiry date you can work upto 240 days based on receipt notice.

2. No one can guarnatee wheteher there will be a RFE or not. Why is it employer negligence? You did not know your I-94 will expire on August 8th. If you did not know then it is your mistake also. Sometimes we need to worry about important dates. Employers will not lose anything. We will be the impacted folks.

3. You need to explain the reason to visa officer. They will certainly ask the question.

4. No. Beacuse your I-94 already expired.

5. Can't do that now.

6. H-1B approval has nothing to do with your stay. I-94 determines your lawful presence.

7. Upgrade your case to premium and be in otuch with your employer's attorney to get frequent case updates.

Link to comment
  • 2 weeks later...
kumar76g Advanced Member

kumar76g

Posted
  • Author
Posted
On 8/13/2018 at 3:35 PM, shekar11# said:

1. If you apply extension before your I-94 expiry date you can work upto 240 days based on receipt notice.

2. No one can guarnatee wheteher there will be a RFE or not. Why is it employer negligence? You did not know your I-94 will expire on August 8th. If you did not know then it is your mistake also. Sometimes we need to worry about important dates. Employers will not lose anything. We will be the impacted folks.

3. You need to explain the reason to visa officer. They will certainly ask the question.

4. No. Beacuse your I-94 already expired.

5. Can't do that now.

6. H-1B approval has nothing to do with your stay. I-94 determines your lawful presence.

7. Upgrade your case to premium and be in otuch with your employer's attorney to get frequent case updates.

Thanks Shekar, My H1B Got approved with continuing status i.e. from Aug 8 2018.

Link to comment

Archived

This topic is now archived and is closed to further replies.

Go to topic listing