Have I overstayed the time period authorized on my I-94 form?

[gottagocanada]

Please help,

Have I overstayed the time period authorized on my I-94 form???

I got my visa stamped thru COMPANY A, and my Visa and I-94 was to expire on Sep 2010.

Before my visa expired (on Sep 2010) , I changed my employer to COMPANY B.

Company B applied my visa as Extension and Transfer on Aug 2010 (one month before my first visa was to expire)

In January 2011, I got my visa approved (applied from COMPANY B.)

The visa and I-94 say valid from Dec - 01-2011 TO 2013.

But I'm worried about the part of COMPANY B's visa. how come my visa and I-94 say valid from Dec - 01-2011 TO 2013. Even though it was applied on Aug 2010?

My question is

My first I-94 ( valid till 20-Sep 2010 )

And second visa and I-94 say valid from Dec - 01-2011 TO 2013.

In this time I was never being out of US. But there's 2 months gap between First visa expiration date and new VISA validity date.

But I joined and start working with the company B from SEP 22, 2010, I'm having proper salary stubs for .these time period.

Was I, out of status for about 2 months in US. ?

Would my case be consider as " overstayed the time period authorized on my I-94 form." I was totally unaware of until I see my documents today.

Recently, again I change to Employer (COMPANY C). this time I got the visa to and from the date , which COMPANY C applied.

In this situation is it safe to go for visa renewal stamping.

I'm little bit scared now?

I was thinking to apply for visa renewal as Third Country national .

But the consulte website say "Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form; "

CAN NOT APPLY VISA as Third Country Nationals (TCNs) .

Would you recommend to go for visa renewal as TCNs?

[pontevecchio]

"Would my case be consider as " overstayed the time period authorized on my I-94 form." "

No. Generally the USCIS does not backdate. You filed a timely H1 extension/transfer which kept you legal. Once you got the new I94 that confirmed that you were legal. Hence this episode has nothing to do with visa stamping per se.

[gottagocanada]

Thanks a lot sir.

It means, I do have option to go to mexico or canada (as TCN) and I should not have to worry about.

Or should I confirm with US consulate in (canada or mexico) regarding my eligibilty to attend the visa interview in their country.

Actually mexico consulate office publish the rules in their website.

which talks about the ppl who cannot attend interviews as TCN. They have to go to their home countries.

Their guideline says "Who Cannot Apply in Mexico:"

"Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form"

Having reading this and just happen to check my documents, I got the dual minded situation.

Thanks for clarification.