Missing I-94 on H-1B and looking for amendment

[vjrana]

Hi Friends,

My H-1B doesn't have the I-94 number which I realised very recently. H-1B is going to expire in Sep 2012 and I am applying for the extension this month.

I did masters from Aug 2006 - Dec2008. My father expired in 04/01/2009, so I left USA on the same day. My H-1B petition was filed on 04/17/2009. So I was not in US when my H-1B was filed. I came back to US on Aug 2009 with my OPT which was valid until January 2010.

I got the H-1B document from my employer in Oct 2011 for Driver License change.There an officer said my H-1B is missing the I-94 number. But I did not apply for amendment as I was settling in job and my employer said that the new H-1b (extension H-1B) will have the I-94 number . So I took it easy.

Now I am worried about the 10 years ban because of my 2 yrs illegal stay which happened without my knowledge until Oct 2010.But since Oct 2010 I know my situation.

My Lawyer said that they will attach a letter along with the extesion petition saying that my case was an extraordinary one. When I asked about the amendment they are saying that its not possible as USCIS did not consider my status change from F1 to H-1B

So Please advise me on this and the process I should follow to avoid the ban.

Thanking you in advance

vjrana