F1 to H1 Change of Status - Multiple I 94

[sat_0101]

Hello Friends,

I am in bit complicated situation. Help needed....

I came to the US on F1 in 2008. I graduated in 2010 and was working on my OPT after that. In 2011, I got my OPT STEM extension which is valid till November 6 ,2012.

In May 2012, I travelled to India on my OPT and while I left the US I surrendered my I-94 at the airport.

My employer filed for my F1 to H1 change of status while I was in India. While this H1 petition was in process with the USCIS, I travelled back to the US on my OPT. This time I got a new I 94 which has validity as D/S (Duration of Status).

Now my F1 to H1 petition has been approved, but with the old I-94 number, the I-94 which was surrenderd while I left the US.

I-94 received at POE - Validity D/S (OPT is valid till Nov 6, 2012)

I-94 received with H1 approval - valid from Oct 2012 to Dec 2014.

Since my OPT is valid till Nov 6 2012 and the I-94 that I received at the port of entry has D/S, is my stay in the US legal after Nov 6 2012.

Please advice.

Thanks In Advance!!!

[kalyan_ac]

Latest is the greatest. Since your H1b is valid from October, the I94 that came with the 797 is valid and your stay is legal.