rickyroars Posted May 6, 2011 Report Share Posted May 6, 2011 I need some urgent legal counsel for a pressing matter. I quit my job last month and have a new offer to join a firm willing to do my H-1B transfer filing. Given that my I-94's validity has expired (while employed at my previous firm, mistake on my part on missing out on noticing that) I have been advised by the new firm's legal counsel to return to India immediately while they file for new H-1B visa on account of the firm. Listed below are dates per my records for the relevant data-points. Could someone advise me at the earliest on next steps or possible work-arounds? Thanks in advance H-1B stamp on old passport for visa issued with previous employer (w/ I-797) expires : 09-30-2012 Previous passport expired : 03-06-2011 Latest I-94 expired : 03-06-2011 New passport expires : 03-30-2021 Last date with last employer : 04-22-2011 Last paystub from last employer : 04-28-2011 Tentative start date for employment at new employer : 05-23-2011 Let me know if you have any questions and/or suggestions. Your time and help on this matter is most appreciated Link to comment
Attorney_7 Posted May 8, 2011 Report Share Posted May 8, 2011 Generally, if one stays in the U.S. beyond the expiration date of his/her I-94, he/she is considered unlawfully present, which may have serious consequences. One is not allowed to work, change status, or extend status when unlawfully present. Please consult an experience immigration attorney to discuss your options. Link to comment
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