Krishna221989 Posted August 7, 2017 Report Share Posted August 7, 2017 Hi All! Please find below details about my visa/petition/i94. 1. When I first entered the United States in May 2014, I was given a valid i94 until May 31, 2016 (same as visa validity date).2. Then I went to India in Dec 2014 with a valid visa and i94. Upon returning, I was given i94 until June 10, 2016.3. I then moved to the current project in May 2015 for which a petition amendment was applied. It was approved and I had received I-797 until Dec 31, 2017.4. In Nov 2015, I traveled to India (when my visa and initial i94 were still valid) and upon returning to the United States, was given i94 until June 10, 2016 again; which was valid at time. So, I had a valid CBP issue i94 and i797 associated i94 then.5. I still have a valid I-797 for my current project with i94 having validity until Dec 31, 2017. Now a huge issue is that it is time for extension but our company attorneys are reluctant to take my case forward because my CBP issued i94 has expired. All this while I was under the impression that since i797 still has a valid i94 associated with it (in my case Dec 31, 2017), I can file for extension and continue to work. However, my understanding was totally wrong. I am apparently living here "Out of Status" and do not know what to do. I have read many posts wherein people have been lucky when they have visited the CBP Deferred Inspection Site to get their i94 corrected; others have got Nunc Pro Tunc extension filed by their company Attorneys. What options all do I have? Can I take the risk of going to the CBP Deferred Inspection Site and speak to an officer for correction all by myself; or should I be represented by an attorney? Also, on what basis do attorneys decide whether to file to NPT extension or not? Is going to India and coming back with a stamped visa a safe option? Thanks a lot for your responses in advance. Waiting in anticipation! Link to comment
pontevecchio Posted August 7, 2017 Report Share Posted August 7, 2017 In November, 2015 why did you not show the CBP Officer the relevant H1 petition approval for the MAY, 2015 pROJECT? Link to comment
shekar11# Posted August 7, 2017 Report Share Posted August 7, 2017 11 hours ago, Krishna221989 said: Hi All! Please find below details about my visa/petition/i94. 1. When I first entered the United States in May 2014, I was given a valid i94 until May 31, 2016 (same as visa validity date).2. Then I went to India in Dec 2014 with a valid visa and i94. Upon returning, I was given i94 until June 10, 2016.3. I then moved to the current project in May 2015 for which a petition amendment was applied. It was approved and I had received I-797 until Dec 31, 2017.4. In Nov 2015, I traveled to India (when my visa and initial i94 were still valid) and upon returning to the United States, was given i94 until June 10, 2016 again; which was valid at time. So, I had a valid CBP issue i94 and i797 associated i94 then.5. I still have a valid I-797 for my current project with i94 having validity until Dec 31, 2017. Now a huge issue is that it is time for extension but our company attorneys are reluctant to take my case forward because my CBP issued i94 has expired. All this while I was under the impression that since i797 still has a valid i94 associated with it (in my case Dec 31, 2017), I can file for extension and continue to work. However, my understanding was totally wrong. I am apparently living here "Out of Status" and do not know what to do. I have read many posts wherein people have been lucky when they have visited the CBP Deferred Inspection Site to get their i94 corrected; others have got Nunc Pro Tunc extension filed by their company Attorneys. What options all do I have? Can I take the risk of going to the CBP Deferred Inspection Site and speak to an officer for correction all by myself; or should I be represented by an attorney? Also, on what basis do attorneys decide whether to file to NPT extension or not? Is going to India and coming back with a stamped visa a safe option? Thanks a lot for your responses in advance. Waiting in anticipation! You need to discuss case with immigration attorney. Do it as soon as possible. Link to comment
Krishna221989 Posted January 2, 2018 Author Report Share Posted January 2, 2018 On 8/7/2017 at 8:11 AM, pontevecchio said: In November, 2015 why did you not show the CBP Officer the relevant H1 petition approval for the MAY, 2015 pROJECT? I was under the impression that with valid stamped visa and approved petition, i could stay Link to comment
pontevecchio Posted January 2, 2018 Report Share Posted January 2, 2018 As suggested you need to discuss specifics with a good lawyer. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.