Major issue, need help please

[Worker11]

Call USCIS and explain what have happened

[pokh2797]

Congrats for I-140, and also, did you know that you are current as of October 1st visa Bulletin.

EB2I 15 July 2007. Hence, you have to opt consular processing ASAP.

Good luck.

[gjr]

I'm on same boat as omshiv was.

My 140 approved and was about to file 485 thats when i realized my i-94 expired more than an year back.

my attorney left three options with me

1. contact local CBP - my search on internet shows 90% denials

2. Apply for H1 extension with explanation (may be attorney meant NTP) - i'm preferring this at the moment

3. go back to india and re-enter - i'm worried about deportation

Need your advise

planning to approach muthry's law firm though.

[Attorney_15]

Sometimes it is possible, when one's I-94 card has expired, to request and be granted H1B status again. This is essentially being reinstated into H1B status; backdating of an I-94 card is generally not possible in H1B nunc pro tunc requests because that would require an LCA. In addition, if someone who is out of status and even unlawfully present but without a bar to admission may be able to file the I-485 Application under certain special provisions of the law.

To determine and assess a person's eligibility it is important to contact and consult with an experienced immigration lawyer for specific legal advice.