H1B Transfer Approved, Extension of stay denied due to Passport expiry

[cdshah83]

Hi,

The last time I entered the US, I received an I-94 expiry that was tied to the expiry of my passport (Oct 2011). I renewed my passport before it expired but was unaware of the I-94 expiry date. In December 2011, I moved to a new company and they filed for my H1B transfer. In April, the USCIS asked for the request for evidence (RFE) for the expired I-94. My company submitted the old passport copy assuming that it should be sufficient to update the I-94 expiry date to my old H1B which is valid until August, 2012. However, in June 2012, we received the new H1B that was approved but the extension of stay was denied. Upon getting advice from my company's immigration lawyer and a CBP officer, I realized that I had accumulated more than 180 days of unlawful presence in the US even though my new H1B is approved.

I left the country immediately to avoid adding to the unlawful presence. I have applied for a visa renewal even though my current one is unexpired. I am told I need to request for a waiver of the unlawful presence at the visa interview.

Does anyone know the procedure for applying for this waiver? Would a consular officer be able to help with the waiver process?

Thanks.

[pontevecchio]

You need a very Good Lawyer and the backing of this company.