I-94 Expired and stayed over period

[mahib4u17]

I have applied for MS in computer science and applied for H1-B in 2008. I haven't received my I94 due to wrong filing of h1b application by my employer. I have no clue that I need to have new I-94 when I change my status from F1 to H1B. I have my visa stamped on January 2010 during my visit to my home town in India in 2010. I was not in status for the period October 2008 to December 2010. This has been noticed by my lawyer when I moved from consulting to a full time position in 2011. I have gone for visa stamping again and has been approved without no issues. 

Later I moved to consulting back. I have got my labour and I140 application approved. 

I am not sure if this has any impact on my green card processing since I was not in status for the period oct 2008 to dec 2009. 

Please suggest if there is something I can do to get that corrected.

[JoeF]

Were you on F1 before the botched H1 filing? If so, you may have gotten lucky. On F1, the I-94 is usually marked D/S, meaning duration of status. Even though you were out of status, you didn't overstay (with no date on the I-94, an overstay only starts when USCIS or an immigration judge say so), so there was no ban. Since you got admitted to the US later, the overstay should not have any effect.

 

[mahib4u17]

Thanks Joe. Yes I was on F1-Visa prior to H1-B approval.  I have not got any notice from Immigration department or Judge but during my H1-B transfer to Deloitte they have indicated this might be an issue during your green card process. 

I am trying to see if there is something I need to do so that my green card process is not stuck up due to this issue.