I-94 expired, I-797A valid


ap_reddy

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Experts,

 

Last time I entered in US : 02-June-2013

Admit Until Date : 30-Sept-2013 (Per my most recent I-94 )

I never traveled out of US after this.

 

After that my employer-A(same employer when I entered) applied my extension and got 797-B till Sept/2016.

I changed to employer-B in Jan/2015  and Transfer status is still pending.

 

1. Am I out of status now? Is it legal to stay in my situation?

2. Can I update my I-94 without travel out side of US, as I'm pregnant?

3. My change of employer petition approval happens till Jan/2017( employer applied till that period), will I-94 will update automatically?

4. Any consequences in future for my GC processing?

 

Thanks 

Praveena

 
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Did A's petition have an I-94 at the bottom? If not you are illegal not just out of status. B's petition will not be approved with a new I-94. It is possible that a 3 or 10 year ban will apply to you for illegal presence. Consult an attorney. You cannot just update your I-94 without leaving the US.

 

If A's petition did have an I-94 at the bottom, then you are fine. Your status is valid until this new I-94.

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Hi,

 

In your case try to contact CBP office nearest one/port of entry one.

Either visit them or send an email with your recent h1b copy, passport copies, visa page.. (usually they ask for this one) they might let you know 

or speak to any law firm.

 

Thanks.

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Did A's petition have an I-94 at the bottom? If not you are illegal not just out of status. B's petition will not be approved with a new I-94. It is possible that a 3 or 10 year ban will apply to you for illegal presence. Consult an attorney. You cannot just update your I-94 without leaving the US.

If A's petition did have an I-94 at the bottom, then you are fine. Your status is valid until this new I-94.

I179B will not have an I94. OP is in serious trouble
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Thanks for your help.

A's petition have an I-94 at the bottom with Receipt Number( Valid till sept/2016).

​B's petition is still pending for H1B Transfer. So My status is valid till sept/2016?(assuming my B's petition will not deny)

Do I need to take any action?

Thanks & Regards

Praveena

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Thanks for your help.

A's petition have an I-94 at the bottom with Receipt Number( Valid till sept/2016).

​B's petition is still pending for H1B Transfer. So My status is valid till sept/2016?(assuming my B's petition will not deny)

Do I need to take any action?

Thanks & Regards

Praveena

You are in valid status.
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You appear to be in status based on the approved H1B from employer A, or at least in a "period of authorized stay" based on the pending change-of-employer H1B from Employer B. Depending on the circumstances, denial of the employer B petition MIGHT leave you out of status. You should be eligible to stay here,and to work at present (either for employer A pursuant to the approved H1B, or employer B pursuant to the pending H1B petition)

 

If the employer B petition is approved, you should get a new I-94 attached to the approval notice. If it is denied, you need to talk to an attorney to examine your options.

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Hello ap_reddy,

 

I was in the same situation you are in. My I-94 expired in Dec 2013 and I realized it in June 2015 during my process of H1B transfer. I immediately contact Murthy law firm and I was assigned to an attorney who has dealt my case very nice. I was out of status from dec 2013. I went to nearest CBP office but was in vain and then I approached Murthy and good thing is Murthy  law firm handled it so well and now I am back in my I-94 status and with update in my passport and online I94 is also updated and all my 2 years were active. This all happened becoz when I transferred to new employer and in POE the officer overlooked my I797 and gave me the date for old one. I have not realized it thinking that the I94 below my I797 is active, due which I was out of status. I was scared by many people telling about the 10yr ban and I decided to sell all the stuff and go back to India. The last door I had was to contact Murthy firm and that did the magic and all went well. Thanks to Murthy Law Firm and Attorney Brian Green who works for special projects. If you are confused about your situation first take the consultation from the Murthy Law firm attorney and then take their advice and decide how do you want to go. Please do not listen to people who are not aware of complete rules,

PLEASE!!! Do not go to CBP office before contacting Murthy attorney, that might even ruin your chances of making things right. Always reach the best attorney and then decide on how to move forward with the things. Thanks

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  • 5 weeks later...

How did your I 94 updated did you cross the boarder or it was automatically done?....and how many days it took to get updated and me and my spouse arr in same situation now... please help us i already spoke to murthy lawyer .... they are ready to file everything .... and how much cost you every thing ..... please reply me are give me ur contact details tahnks 

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  • 1 month later...
Hi Friends, 

 

I have h1b stamped based on my previous i797. The expiration date on stamp is sep/13/15. I changed job and got new i797 with expiration date to dec-31/16. And so does my i94 expiration date also changed.

 

Me and my wife went to Canada in August for couple of days. On way back we showed i797 and password and VO let us in US.

 

Today Oct-2-15 my wife went to renew her driving license and realized that the initial lawyer did not mentions her name into i129, thus she don’t have i529 and she is literally out it status for 3 weeks because her i94 has same expiration that I had In stamp, which was sep-13-15.

 

I called Lawyer and we tried to check my i94 and found that on way back, the VO changed my i94 expiration date back to sep-13-15.

 

Now technically my i94 also expired and we both as out of status.

 

so far i see only two options.

 

1 I should leave the country before we reach to 30-day post i94 expiration and get visa stamped.

 

2 we file another H1B again

 

I am very stress and don’t know what to do.

 

I got my H1B stamped in India, so should I go back to India again or should I go to Canada.

 

Please help ASAP

 

Many thanks

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Hi Friends, 
 
I have h1b stamped based on my previous i797. The expiration date on stamp is sep/13/15. I changed job and got new i797 with expiration date to dec-31/16. And so does my i94 expiration date also changed.
 
Me and my wife went to Canada in August for couple of days. On way back we showed i797 and password and VO let us in US.
 
Today Oct-2-15 my wife went to renew her driving license and realized that the initial lawyer did not mentions her name into i129, thus she don’t have i529 and she is literally out it status for 3 weeks because her i94 has same expiration that I had In stamp, which was sep-13-15.
 
I called Lawyer and we tried to check my i94 and found that on way back, the VO changed my i94 expiration date back to sep-13-15.
 
Now technically my i94 also expired and we both as out of status.
 
so far i see only two options.
 
1 I should leave the country before we reach to 30-day post i94 expiration and get visa stamped.
 
2 we file another H1B again
 
I am very stress and don’t know what to do.
 
I got my H1B stamped in India, so should I go back to India again or should I go to Canada.
 
Please help ASAP
 
Many thanks

 

You both are not out of status but considered to be unlawfully present in US.

Exit and enter US with a valid H1B visa (for you) and H4 visa (for your spouse) and your I797.

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