Incorrect class of entry on I-94

[pritamghanghas]

Hi Team,

I have an incorrect entry on old i94 which went unnoticed for a long time.

I went to US in July 2017. My entry was marked as H1B based on my i797. In Dec 2017 I had to travel to India for a personal emergency. I came back in a weeks time. But my entry was marked as B2. Probably because I had both B2 and H1 visa valid pages on my passport at that point of time and immigration officer just saw B2. I didn't notice it, big mistake.

I left US in Aug 2018 after my extension was denied. I don't know the reason for denial as my employer didn't share that information. Now in 2023 I was reapplying for visa amendment and noticed that my latest i94 shows B2 as entry class. Now I am not in US anymore. How do I get this old i94 corrected from India.

Regards,
Pritam

[Attorney_20]

Since you are not in the U.S., you can have the employer file an H1B petition for consular processing at this point. USCIS may consider you being out of status from December 2017 until August 2018 if you were admitted in B2 status but worked on the H1B approval so you should disclose this information on the DS-160 form when applying for the H1B visa.  You may want to contact our Murthy India affiliate for help with the visa application (www.murthyindia.com).