Legal stay question on I94


pravink999

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i have old I-797 valid until July 18th 2013 and visa stamped till the same date.

My employer applied for extension in April 2013 and got the extension starting july 19th 2013 till feb 2016.

 

I visited INDIA in may and returned back on June 9th. At port of Entry they didnt considered my new I-797 as it was still not active and given the I94 till July 28th adding 10 days extra to the current expiry date of July 18th.

 

I reported the same to my employer and he talked to Attorney.

The answer given by them is :

 

Pravin's current I-94 is valid until 7/28/2013, and if he were to leave the country before this time period, he would turn in this current I-94 card. Upon returning to the US after July 19, 2013 with a new visa stamp in his passport, the I-94 would be stamped with a validity period that reflects the same as listed on the approved I-797, until 2/11/16.

 

 

Accordingly, as long as Mr. Pravins remains in the U.S. after 7/28/2013, he is in lawful status pursuant to the approved I-129 (Form I-797), filed on his behalf. Again, if he leaves the U.S., he needs to obtain visa stamping in order to return. Once he returns to the U.S., his I-94 will be stamped to reflect a validity date until 2/11/16. "

 

As per the attorney the approved I-129 (Form I-797) will make my stay in USA as legal.

Is this correct ? please guide me i am little tensed about my situation currently.

 

If the above thing is not correct please guide me the steps i need to follow to make my stay legal here.

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