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sganesh02

Attorney Misleading me ? gap in I-797

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Hello folks

 

My cap exempt I-797 and corresponding I-94 expires on September 23rd 2014.

 

The new I-797 and I-94 that was approved this week has a start date from October 1st 2014, so there is a gap of 7 days between my old I-797/I-94. and the new one.

 

The attorney who filed this petition says that this is not a concern and will not affect my work or status.

 

Can you guys confirm ?

 

What would be my status for that one week in between ? Would this affect my future options (GC etc) ?

 

I also need to renew my drivers license.

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So what is my status in the 7 day period ?

In the future if I disclose the various status's I have held in the past (like I did for my new I 797) would I not be lying by not disclosing this period with no document to establish status ?

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The USCIS software has some deficiencies. This is one of them. If you were out of status in the 7days the new approval would not include an I94. The very fact that an I94 was attached is ipso facto proof that you are considered legal.  Since there has been no period out of status for you the question of lying is moot.

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So what is my status in the 7 day period ?

In the future if I disclose the various status's I have held in the past (like I did for my new I 797) would I not be lying by not disclosing this period with no document to establish status ?

 

When an H1 expires, the person has a 10-day grace period. That's one of the two instances where there is a grace period for an H1.

This means you are in valid H1 status, even though you can not work during that time.

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