Urgent - I-94 expired 7 months back, but have valid H1 petition

[apple0404]

Hello Sir,

I ran into a serious I-94 issue. My I-94 expired on July 5th 2011, but I have a valid H1-B petition till Feb 15th 2012.

Brief History:

Before coming to US, I had a valid H1 petition and visa from Company A in 2008. But Company A was not sending me to USA, so I applied for an H1 transfer to Company B. Company B also succesfully transfered my H1 in 2009 February. At this time, I was in India only and have not entered USA even once. But in February 2009, Company A sent me to USA to work at the client location. I informed Company B and they were ok with it.

After working for nearly an year with Company A, I switched to Company B( as I already had an H1 with them). I'm currently working with Company B only. In October 2010, I went to India and came back on Nov 2010. Reminding that my visa was for Company A and it was valid till June 25th 2011. At the POE(Chicago), the officer stamped my I-94 with a validity date of July 5th 2011. Though on the back of the I-94, he asked me to write my employers name and petition no. I wrote my current employer ( as Company B), but i had written the petition number of Company A. No one noticed this issue untill now, when i'm near to file my H1 extension. All these days, I thought since my petition was valid till Feb 15th, 2012, i can stay upto then without filing an extension.This was not noticed by my Employer even.

My employer is now going to file an Nunc to Prunc extension for me. As I have already crossed the 180days period,i'm really about worried about this.Any suggestion will be greatly appreciated. ( i have a 10th month old baby born in US too).

[kalyan_ac]

You should have extended your I94 by going to a CBP office.

But that should not be an issue.

But becareful from next time.

[noauditplz]

your case looks complex and only an immigration attorney can provide a clear view. I'm not an attorney.

Below information i wrote is from my experience in going through various cases in various forums and my self experience.

from what i know I94 validity period given at POE in Nov 2010 is the ultimate governing document of your status although you entered USA with employer A visa stamping and working for employer B.

To make it simpler....the scenario is your I797A with employer B is valid until Feb 15th 2012 but I94 validity was given only upto June 25th 2011 at POE. Recent I94 given at POE will be the one that declares your status validity dates although you have I94 on H1B petition filed by employer B. I94 will be ultimate document that governs your status in the country.

I'm sorry to say that a Nunc Tuc Pro may not work in your situation as 180 days period is already completed. I'm empathize with you on your situation PLEASE CONTACT AN IMMIGRATION ATTORNEY IMMEDIATELY to discuss your situation. If the attorney of your employer is not willing to discuss, i would suggest to schedule appoint with other experienced immigration attorney(s) on your situation.

[scorpio9]

Hi Apple0404,

Can you pls reply what happened to your case? I am also in the same boat...my I94 was also expired 7months back and my employer filed ext. with nunc pro tunc.

[mxr38728]

Hi Apple0404,

Can you pls reply what happened to your case? I am also in the same boat...my I94 was also expired 7months back and my employer filed ext. with nunc pro tunc.

Hi Apple0404,

Can you please let me know what happened in your case. My Employer also filed Nunc Pro tunc and waiting for a response from USCIS.

thanks,