i94 Expired (F1), valid i797

[viper30]

Hi everyone, 

I just got to know that my i94 has been expired and I am out of status, but have approved i797. 

A little background on my situation:

Last year my H1B was picked in lottery and received an RFE on it, after replying to RFE - I got denial - for which my employer and law firm opened (motion to re-open case) MTR. While MTR was open I travelled overseas and upon return was given entry in US on my F1 visa(which was still valid). 

After couple of days I got notification from lawyer that while I was away my H1B got approved, and was given a i797.

My lawyer just found out that since my last entry to US was on F1, I have overstayed in US even though I had approved i797. My overstay period is around 82 days, but after finding this out I am immediately returning to my home country. 

please advise me what are my options are?  I have already booked visa appointment to get H1B stamped. 

 

 

 

 

[solution]

Hello Viper30,

              I don't believe you are out of status. The reason is your H1B was approved after your came into the US.  When you entered US, CBP gave you I-94 on F1B status, but your H1B was approved after you came to the US. So in  these sequence related events the last action was the approval of your H1B and I think you are in status.

    

[viper30]

On 10/4/2019 at 1:02 AM, solution said:

Hello Viper30,

              I don't believe you are out of status. The reason is your H1B was approved after your came into the US.  When you entered US, CBP gave you I-94 on F1B status, but your H1B was approved after you came to the US. So in  these sequence related events the last action was the approval of your H1B and I think you are in status.

    

Hi, Thanks so much for your response. Unfortunately, my H1B got approved when I was outside USA. I had no knowledge of it when it got approved, hence my entry into US with F1 visa superseded COS. My lawyer told me I’m out of status and need to get H1B visa stamped to enter in US again. 
 

I have booked the appointment for it, but I’m really nervous and scared. 

[shekar11#]

On 10/5/2019 at 1:50 AM, viper30 said:

Hi, Thanks so much for your response. Unfortunately, my H1B got approved when I was outside USA. I had no knowledge of it when it got approved, hence my entry into US with F1 visa superseded COS. My lawyer told me I’m out of status and need to get H1B visa stamped to enter in US again. 
 

I have booked the appointment for it, but I’m really nervous and scared. 

Don't worry. Just explain the situation clearly to VO and you will be fine.

Have a question. If you enter on F-1 you will have DOS (Duration of stay) on I-94. There will be no specific date. So how did your I-94 expire when you were on F-1.