I-94 ISSUE

[solution]

Hello,

         I need some advice here please.  My first  H1B approved in 2011 (October 1st 2011  to Sep 30 2014) . Applied for second extension in April 2014 and got approval in May 2014 for year starting (October 1st 2014 to September 2017). I never went outside the country on h1b before that. I went out of the country with two I-797 (the first one and the second one) for stamping in May 2014. The visa officer stamped it from June 2014 to September 2017. I came back in July 2014. At the airport CBP officer gave me I-94 till March 2015 that's when my passport was expiring.  I didn't know that CBP officer has given me I-94 till March 2015. I believed I have approval till my I-797 I-94 which was till September 2017.

      My company applied for extension in March 2017 for (October 1 2017 to Sep 30 2020). I was not aware that my I-94 given to me at the airport has expired. I did give my expired I-94 to attorney for extension without looking deep into it.  He didn’t look at my expired I-94 and filed the extension. I just became aware of the expired I-94 when I was planning to go out of the country and few of my friends told me to look at my I-94 before leaving. My extension was approved with I-94 attached to it. My question is am I in status? Is there any gap in my status? Will there be any problem in visa stamping? Will there be any problem at AOS stage?

Please help

      

 

 

[solution]

Hello,

    Can someone please help?

Thanks

 

  

[Tjgarla]

You are clearly out of status. This is not a i94 error. You should check your i94 immediately on arrival. The only thing you can do is nunc pro tunc.

Check with your attorney about this. 

[VAR1234567]

Hi,can you please tell how you handled your situation?