URGENT - Am I Out of Status?

[scorpio9]

Hi,

Here is my situation...my H1 ext. was pending when I went to india on July 20th 2011, ext. got approved on July 25th,2011 but I was not aware of it and came back to US in Aug 2011 with my old visa which was valid till Nov 2011. so at the POE I got a new I-94 valid only till Nov 2011.After resuming my work I recieved my new 797 with I-94 from my employer valid from July 25th,2011 - Oct 25th 2012 and I belived that I am good until Oct 25th 2012. Experts on this forum can you pls tell me whether I am in status or out of status? If I am out of status(its more than 6months), what should I do now?

Greatly appreciate your help!

[SameerH1Bworker]

Contact proper attorney for perfect answer.

As per my knowledge, whichever I-94 is issued at last is valid.

[legalstinson]

I dont think you are out of status.

What if you never went out of the country, extended your H1 from inside the US? Your I-94 that you received when you first entered would have expired, but when you received your new extended petition there should be a new I94 with the date as the new extension expiration date. I have been in the same scenario.

[scorpio9]

SameerH1Bworker,

I understand that you are pointing to the "last action rule". But I have spoken to couple of attorneys and one attorney says that I am in status bcos I have I-94 on my 797 which is valid till Oct'12 and the last action rule was never accepted by USCIS. The other attorrney says that according to "last action rule" I am out of status bcos my latest I-94 has date only till Nov'11. So I am in a confused state now.

Interestingly when I filled for my H1 last week under nunc pro tunc, USCIS approved my pettiton with new I94 from July'12 and told that they cannot back date to Nov'11 since it was more than 6months.

[tek4us]

SameerH1Bworker,

I understand that you are pointing to the "last action rule". But I have spoken to couple of attorneys and one attorney says that I am in status bcos I have I-94 on my 797 which is valid till Oct'12 and the last action rule was never accepted by USCIS. The other attorrney says that according to "last action rule" I am out of status bcos my latest I-94 has date only till Nov'11. So I am in a confused state now.

Interestingly when I filled for my H1 last week under nunc pro tunc, USCIS approved my pettiton with new I94 from July'12 and told that they cannot back date to Nov'11 since it was more than 6months.