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I-94 expired over a year, H1 valid.

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Hello folks,

I am in a bit of dilemma.

My current I-94 expired on Sept 29 -2010. I had renewed my H1B during that time period and got it extended to April 21 2012.

However i just realized today that the I-797, Notice of Action form does not have a new I-94. From the threads i read, usually 797 forms have a number A,B or C to it. Mine has NONE.

(I came to realize this issue about my I-94 when my lawyer asked me for the detail on my valid I-94, for processing my I-140 for greencard.)

If anyone could help me with below questions, would highly appreciate:

1) Could the lawyer who filed my H1 have a different I-797 form with I-94 attached to it, than the one he gave it ?

2) If lets say he doesnt have it - What are my options to correct this ?



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Well if you did not get I 94 with your approved I 797 than it was approved for the consular processing. you attorney must have received the separate letter along with approved I 797 mentioning that you need to go out of the USA for visa stamping. So you need to make it clear with your attorney who filed your H1B

So in that case you are out of status since the last day of your I 94 expiry date which in your case is more than one year back. You need to consult a good attorney for this issue.

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If you indeed didn't get a new I-94, you would have overstayed for over a year. That's really serious. You need to see a good immigration lawyer ASAP.

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Without complicating things further, check with your lawyer if I 797 had I-94 attached to it or not?

If it did not have it, and you have been in the country for a year after expiration of your previous I-94, you have been in the country illegally and might face 10 years ban


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Hi Mathew123,

i am sailing in the same boat.only change is in my i-797B i got.

Can you pls update your case status what happened, bcos I am also in the same situtation.

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