Am I legal to stay? H1 Received without i-94 but the old one still holds thru May 2020.

[Yespi]

1. In last 2018 April I moved to NC from Ohio, by then I had a h1 with i-94 valid thru 2020.
2 When my project was done in Ohio in April 2018, my employer filed amendment for NC for new project.
3. Received i-797 with i94 in first week of Nov 2018. The approval notice expired by 10/23/2018 and the i-94 expired by 11/2/2018. Note that the given extension was already expired by the time we received it.
4. Employer filed extension on 11/30/2018 (filed after expiry of the latest i-94) in regular process.
5. CIS replied in April 2019 with i-797 partially approved - got h1 till April 2020 but without i-94.
6. Looking at the above history, the client determined that I have been unlawfully present over 180 days so suspended my project. Subsequently my employer terminated my job as the vendor stops paying him. btw new h1 on i-140 is being in progress with a new employer for same project/client.

Below are the latest H1s:
1. H1 with i-94 valid thru May 2020. Issued in Nov 2017 for Ohio.
2. H1 with i-94 valid thru 10/23/2018 - received on amendment for NC filed in April 2018.
3. H1 till April 2020 without i-94 - received on the extension filed in Nov 2018.

I contacted 4 attorneys, except one rest all said that I am illegal here by crossing 180 days (since last Oct 23) of unlawful presence, but one says I am legal because my old h1 for Ohio is still valid thru May 2020.

I am getting panic and confused whether I am legal or illegal to stay in USA. Please help me with your views. Please let me for more details.

[xTDx]

From the looks of it , yes you are out of status.

1 hour ago, Yespi said:

3. Received i-797 with i94 in first week of Nov 2018. The approval notice expired by 10/23/2018 and the i-94 expired by 11/2/2018. Note that the given extension was already expired by the time we received it.

You should have left US then and there.

1 hour ago, Yespi said:

4. Employer filed extension on 11/30/2018 (filed after expiry of the latest i-94) in regular process.

You started accumulating overstay from that time and that's why USCIS did not extend your i94 as specified by you in point #5

Why would you not believe the other 3 attorneys ? Who were these attorneys ?

Your ohio i94 is irrelevant as you don't work there or under that project.  IMO you should leave and come back with a valid visa and valid i797 petition.

 

1 hour ago, Yespi said:

3. H1 till April 2020 without i-94 - received on the extension filed in Nov 2018.

You may be subject to a 3 year bar to enter US if DHS consider you being out of status from oct 2018. 

Unfortunately there are no magical answers here. I would suggest to get your case reviewed in depth by a competent law firm before making a decision. Unfortunately here on forums, all you will get is confused as the matter in hand is very complex.

Edited May 22, 2019 by xTDx

[Yespi]

Thank you all for your views. I got another question - does the latest i-797 supersedes the i-94 on the previous H1? I think i-94 is about stay and not for work. Per the (standout) attorney, the i-94 valid thru 2020 can't be superseded by the latest ones, does it make sense? I think this question should help resolving my issue. can someone provide me document reference on this if any please.

Edited May 22, 2019 by Yespi

[pontevecchio]

You should also have realized that this forum is sponsored by a very qualified firm and hence feel free to contact them.

[Veerucs]

On 5/22/2019 at 11:49 AM, Yespi said:

1. In last 2018 April I moved to NC from Ohio, by then I had a h1 with i-94 valid thru 2020.
2 When my project was done in Ohio in April 2018, my employer filed amendment for NC for new project.
3. Received i-797 with i94 in first week of Nov 2018. The approval notice expired by 10/23/2018 and the i-94 expired by 11/2/2018. Note that the given extension was already expired by the time we received it.
4. Employer filed extension on 11/30/2018 (filed after expiry of the latest i-94) in regular process.
5. CIS replied in April 2019 with i-797 partially approved - got h1 till April 2020 but without i-94.
6. Looking at the above history, the client determined that I have been unlawfully present over 180 days so suspended my project. Subsequently my employer terminated my job as the vendor stops paying him. btw new h1 on i-140 is being in progress with a new employer for same project/client.

Below are the latest H1s:
1. H1 with i-94 valid thru May 2020. Issued in Nov 2017 for Ohio.
2. H1 with i-94 valid thru 10/23/2018 - received on amendment for NC filed in April 2018.
3. H1 till April 2020 without i-94 - received on the extension filed in Nov 2018.

I contacted 4 attorneys, except one rest all said that I am illegal here by crossing 180 days (since last Oct 23) of unlawful presence, but one says I am legal because my old h1 for Ohio is still valid thru May 2020.

I am getting panic and confused whether I am legal or illegal to stay in USA. Please help me with your views. Please let me for more details.

Did you get a chance to finish the stamping ? what's the out come of your stamping ??