Need advice on two I-94s, both are expired with valid H-1B

[sneha11]

I have got valid H-1B Visa:

1) H1B Status:

- 1^st H1B valid till 9/1/2011

- 2^nd H1B valid till 9/1/2014

2) Old Passport Entries:

- Old Passport Valid till 8/28/2010

- H1B Stamping on Old Passport 9/1/2011

- Entered US (after visit to India) on 5/15/2010

- Got I-94 Until 8/28/2010, Class H1B

- I forgot to return this I-94 at port of entry while leaving US on 5/28/2011.

3) New Passport Entries:

- Renewed Passport but not I-94

- Issue Date 7/14/2010

- Left US on 5/28/2010 (forgot to return previous I-94 which was valid till 8/28/2010)

- Entered US on 4/6/2011

- Received I-94 valid till 9/1/2011 (expiry of 1^st H-1B)

I have not been out of US since then. I did not realize this I-94 issue till today (when got call from potential employer company’s lawyer).

So my questions:

1) Should I return the old I-94 valid till 8/28/2010?

2) I think that because I did not renew I-94 (valid till 9/1/2011) while renewing the passport I was staying illegally from 5/15/2010 till 5/28/2011. If this is correct, then what happens if I go to India?

3) I want to apply for green card, will this create a problem on I-485 stage (I think on Labor and I-140 stage, there won’t be any problem)?

4) What other issues have I created for myself? :-)

Any suggestion/advice is appreciated.

Thanks,

Sneha

[VModi]

What kind of I797 you have. I mean to say is it I797A or I797B.

If I797A than it comes with renewed I-94.

If I797B than it does not come with I-94 and you are illegal in US after 180 days of I-94 expiry.

- Please consult your immigration attorney on this. I am not an attorney and the reply is based on my experience.