Valid H1 with expired I94


chand308

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Hi,

 

I have H1B from company A till September 2015. I have traveled to India during that time and got my stamping till September, 2015. Later I joined another company B in July 2014 and I have H1B petition from campy B till 6/2017. I have traveled to Mexico in October 2014 and they gave me I94 at port of entry till September 2015 only ( may be to match my visa stamp in my passport). My passport expired on 1/11/2016 and now I have new renewed passport till 2026.

 

Issue: My company attorney say that I am in out of status ( illegal status ) since September 2015 as my port of entry I-94 supersedes my I94 on H1B petition and will talk to CBP(customs and Border Patrol) instead of USCIS.

 

What is my status now and does my H1B petition (from company B) allow me to work in USA after September 2015 though my port of entry I 94 petition got expired?

 

 

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