H1 extension without i94


Crockett

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I am facing a dilemma with regards to my present immigration status- I was on H1b for the last 3 years until 6/30/11. However, my I-94 was expiring on 6/24/11. Therfore, my university applied for 2 seperate H1b extensions- one for the last 6 days of June (6/24/11 to 6/30/11) and another for 3 years beginning 7/01/11. The 3 year extension application which we processed through premium processing track, was approved but without I-94. For some reason, this visa application was processed as consulate notification. The 6 day visa application is still under review as premium processing was not requested for this.

I am just wondering if my stay is illegal at present? Secondly, should I return to my home country (India) ASAP for visa stamping?

Further, I am supposed to go to US consulate at London for visa stamping as per my approved I-797. Although, I am Indian citizen, but my first H1b visa was stamped in UK because I was working there at that time.

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Please consult an able attorney who might have handled a case like this. You can start with Murthy.

A few thoughts/comments :

When you received your first H1 was that until June 30. So did a travel and a return back to US via a Port-Of-Entry cause the I94 to be short by 6 days ? You could have filed for a 3 year extension from Jun24, not sure why your employer/attorney filed 2 petitions.

Please consult with your attorney to request via the Premium Processing contact info to reconsider their decision and approve the I94 as your previous H1 was until June 30 and some-one(attorney) did not pay attention to the I94 while requesting the 3 year extension from Jul'1 instead of Jun'24.

Please consult with your attorney and indicate that a request for the 6 days of H1 (providing the receipt #) was requested which will grant you the I94 extension if approved. Then the new 3 year would have been an extension on that I94.

The result of those 2 approaches would depend on the officers discretion.

But without the I94, you would need to go to India for visa stamping.

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