J1-H1, I-94 issue

[hepatology]

Hi,

My J1 was valid till 30^th September 2012. I traveled to India in July, 2012 but before traveling to India I got approval for my H1B with start date of Oct 1, 2012 from the same employer. I came back from India in August and entered on same J1 visa (I did not get my passport stamped with new H1B as I want to avoid the wait associated with visa stamping). At the POE I was issued a new I-94 which has the same expiry date as my J1 (i.e. 30^th Sept. 2012). However, the I-94 which came attached with my new H1B has a different number and validity date. Am I technically overstaying after 30th Sept 2012 OR my new H1B associated I-94 will be in-effect automatically after 30th Sept 2012….Please suggest..Thanks

[pontevecchio]

It is a fine time to be worried, 6 months after the fact. You have no problems.

[Attorney_11]

Generally, a USCIS policy known as the "last action rule" may be applicable in a situation such as the one described. However, J-1 visas can from time to time subject the holder to the home residency requirement and the interplay between travel on J-1 and waiver of the home residency requirement (if required) are important and need to be considered. It may be helpful to seek the counsel of a qualified immigration attorney to discuss personalized legal matters in greater detail.