I797 I94 overridden by POE I94

[shankerpabbati]

Hi, 

My first H1B visa was expiring on Sep 2017 and my company filed for my H1B extension in March 2017. I had to travel to India in an emergency situation in April 2017 and I returned USA back on April 22 2017 and was issued an I94 expiring Sep 2017 ( which is my old visa expiring date). After I returned to USA my H1 extension got approved and got another I94 with starting date as 17 April 2017 and expiring in Feb 2020. Since I got my new I94 valid till 2020 Feb I thought I am legal to stay in US. But recently I came to know from my company's immigration department that the I94 which I got on April 22 will cut off the I94 which was approved on 17 April making my presence unlawful from the time it expired in Sep 2017. What is the best thing I can do now?

[cap-gap]

talk to a well qualified lawyer like Murthy. Your company attorney must be just a paper pusher..they might be referring to the last action rule which is more geared towards determining the current immigration classification based on your last action, not the stay limit. But that rule lacks some clarity though..

One thing people in your situation has been doing historically is they go to  local cbp office and get the i94s straightened out..this is not same as illegal presence subject to 10 year ban but must be nerve wracking nevertheless...

[shekar11#]

On 10/11/2018 at 6:26 PM, shankerpabbati said:

Hi, 

My first H1B visa was expiring on Sep 2017 and my company filed for my H1B extension in March 2017. I had to travel to India in an emergency situation in April 2017 and I returned USA back on April 22 2017 and was issued an I94 expiring Sep 2017 ( which is my old visa expiring date). After I returned to USA my H1 extension got approved and got another I94 with starting date as 17 April 2017 and expiring in Feb 2020. Since I got my new I94 valid till 2020 Feb I thought I am legal to stay in US. But recently I came to know from my company's immigration department that the I94 which I got on April 22 will cut off the I94 which was approved on 17 April making my presence unlawful from the time it expired in Sep 2017. What is the best thing I can do now?

Looks like your H-1 was approved when you were out of the country because your lawyer says your H-1 was approved on April 17th. So what your lawyer says is right.

[PavanKumar1983]

On 10/11/2018 at 6:26 PM, shankerpabbati said:

Hi, 

My first H1B visa was expiring on Sep 2017 and my company filed for my H1B extension in March 2017. I had to travel to India in an emergency situation in April 2017 and I returned USA back on April 22 2017 and was issued an I94 expiring Sep 2017 ( which is my old visa expiring date). After I returned to USA my H1 extension got approved and got another I94 with starting date as 17 April 2017 and expiring in Feb 2020. Since I got my new I94 valid till 2020 Feb I thought I am legal to stay in US. But recently I came to know from my company's immigration department that the I94 which I got on April 22 will cut off the I94 which was approved on 17 April making my presence unlawful from the time it expired in Sep 2017. What is the best thing I can do now?

Hi Shanker, I am in similar situation, was the issue resolved? what did you do??