Gap in I-94 validity, help will be greatly appreciated!

[truthseeker1]

I will attempt to explain my case as briefly as possible:

1. Entered the US last on Nov 2010 on H1B visa expiring Sep 2011

2. I-94 stamped till July 2011 as passport was expiring

3. Applied for H1 extension on March 2010, got it on May 2010

4. New I797 and I-94 says validity Sept 2011 to July 2014.

Question: What about the gap period July 2011 to Sept 2011? Please let me know if I it is OK to stay in the US for this period.

Thanks a lot in advance.

[SameerH1Bworker]

Please check same question in this forum.

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=7414019812&m=4651069022

[truthseeker1]

Hello Sameer,

I have consulted an attorney regarding this matter and his opinion is different from what you have posted in the original thread.

My attorney quoted the last action rule: Your latest I-94 takes precedence. As I have a new I-797 and I-94 now, it will take precedence. The question is what to do about the gap period.

Secondly, as per my info CBP office only corrects mistakes, they will not extend I-94 based on new I-797s. For that you need to go to an consulate and get the visa done first, isn't that true?

[amnion]

New I94 that comes with the approved H1B overwrites the old one. Worry not. I have had 2 H1B renewals so far. In both cases, my white I94 date had expired.

When I left the country, I handed over both I94s. No questions asked.

You will get new I94 when you re-enter (with the renewed visa based on your new H1B).

[pontevecchio]

The fact that you got an I94 is evidence of status. The USCIS does not backdate because of their data entry syatems. There is no gap period and no problem. The mere fact that they gave you an I94 means you are considered in status. This is usual Practise.