Gaps in I-94


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Hi there,

I am working for Employer A with H1B and I-94 expiration date of 09/27/2011.

My application for H1b Transfer with Employer B has been sent to USCIS VSC on 09/22/2011 and has been received by them on 09/23/2011, but I havent received the receipt number yet and I started working with Employer B on 09/26/2011 . Employer B received a notice from VSC on 10/04/2011 stating that my application has been rejected due to missing signatures on I-129.

I have left the work on the same day as advised by attorney as being out of status cant work.

Employer B re-filed the application on 10/05/2011 and I received the approval on 10/18/2011

with H1B and I94 dates from 10/18/2011 to 09/27/2013 .

This has made me out of status for 20 days from 09/28/2011 to 10/17/2011, even though this status issue might not cause a big problem it can create some impact during I-485 or during visa stamping or COS for spouse to H1 from H4.

The link in 2007 describes my issue:

Is there a way that this can be sorted out with adjustment of dates for H1b and I94 dates so that we are in continous status.



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  • 2 weeks later...

You may want to speak to a knowledgeable immigration attorney in regard to your case and the possiblity of traveling outside the U.S. to alleviate this out of status time.

The Murthy Law Firm has a very well-regarded H1B Nonimmigrant Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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