Which is a valid I-94? Urgent advice needed

[sonu]

I have an approved 797 with I-94 valid from 1st october 2009 to 30th september 2012. The I-94 on my passport is valid till sep 30 2009. I travelled to India after I got my 797 approval. So the I-94 on my passport is the later one. Am i out of status? What are my options?

Kindly guide me

thnx

[pontevecchio]

Would you reframe your post with specific facts/ Why did you not get an I94 till the latest H1 petition extension?

[sonu]

HI Pontevecchio,

I had the approved I797 when i entered USA in august 2009, but the POE officer did not look at it. He just gave me a new I94 with the end date that matched the visa end date in my passport i.e Sep 30 2009. I assumed that since i had another I94 attached in my I797 with validity from 10/1/2009 to 9/30/2012 i will be fine.

Hope this answers your question. Any input on this is highly appreciated. I want to do the right thing.

[pontevecchio]

You did not show him the latest H1 approval and did not tell him you have changed Employers. you possibly showed him the old approval. The I94 you get is only based on the approved latest H1 petition validity.

Did you get approval for the extension after returning in August, 2009?

[sonu]

I had the approval for extention when I entered USA in august 2009. The Poe officer did not look at it. He just saw my visa stamp in the passport and issued a new i94 which ended in sep 2009.

Also there is no change of employer , I have been working for the same employer since 2006 till date.

[livliv]

This is what I understand.

You received approval with I-94 sometime before October 2009. Dates of approval OCt 1, 2009 to Sep 30, 2012.

Then before Oct 1, 2009, you traveled outside and returned. Got a new I-94 valid up to Sep 30, 2009 only.

If that is correct you may be in trouble. Consult an experienced attorney to determine if your previously approved extension of status remains valid even after travel. I think not.

[sonu]

This is what I understand.

You received approval with I-94 sometime before October 2009. Dates of approval OCt 1, 2009 to Sep 30, 2012.

Then before Oct 1, 2009, you traveled outside and returned. Got a new I-94 valid up to Sep 30, 2009 only.

If that is correct you may be in trouble. Consult an experienced attorney to determine if your previously approved extension of status remains valid even after travel. I think not.

Got a response from a attorney: They say there is rule called "last action rule" which makes my i-94 attached to the 797 valid as it starts from a later date (oct 1 2009) compared to the 1-94 on my passport that ended sep 30 2009. So they think i am protected. I want to get more opinions from experianced members and attorney as well.

Please let me know if you have any information in this matter.

[livliv]

IMO the travel voided your change of status.

[sonu]

HI All

Just wanted give all a update in my case. I got the I 94 updated at the CBP office at the Dulles aiport yesterday. Many thanks to Murthy law firm and the awesome Attorney who helped me. I got a new I 94 card with the orginal entry date but a extended end date. This resolved a major issue for me and I can now go ahead the file my 485 with hopefully no more issues!!

[milluri]

Hello Sonu,

I am currently in the same situation.However based on the final update, I have couple of questions.

How did you get updated I 94 at the CBP office?

Do we need to apply for the updated I 94? Is it OK to apply after I 94 expires.

I appreciate your reponse

[pontevecchio]

You cannot update the I94. What you can do is to ask them to correct any errors made by them. Please get hold of a Lawyer or mention the specifics.