Automatic Visa Revalidation: Travelled to USA from Canada on Expired Visa, valid I-94, i-94 status changed

[punna.suresh@gmail.com]

Hello Experts,

 

I have an expired L1 visa in my passport. But my status was changed to H1B prior to the L1 visa and I-94 expiry.

I have received the H1B Petition i-797 with I-94 valid till end of this year.

 

I researched about the Automatic Visa Revalidation and understood that i can travel back to USA on expired Visa and a valid I94 provided i stay less than 30 days.

 

I did travel to canada recently and at the border, US CBP officers did allow me to enter USA, but took off the I-94 provided with H1B i-797 and issued a brand new I-94 revalidating it back to L1 VISA.  So, the current I-94 have the L1 as the status. They said that they can' t give the i-94 with H1B since there is no visa stamp for H1B in my passport.

 

Does this affect my work status? Am i continued to work on L1 I-94?  My current H1B petition is valid till end of this year, if i file extension , does this affect the extension process?  Could you please clarify these questions.

 

Thanks in advance for  your help !

 

Thanks

Suresh.

[sthamago]

Suresh,

 

have you entered Canada and return back to US without the stamping? 

 

If yes then old L1 I-94 whats the expiry date on it which you get it from the US CBP officers?

[punna.suresh@gmail.com]

Yes, I entered USA without stamping, they revalidated the current H1B petition I-94 back to L1 Visa gave me the expiry date equal to the I-94 i have received with the H1 petition. which is 12/31/2013.  Now my status is  ,  I-94 is with L1,  Expired L1 visa, Expired L1 129s, but with valid H1 Petition until 12/31/2013. They took off the I-94s came with the H1B petition.

 

Question is whether this is valid and can i contine to work on L1? another question would be, would i be having any trouble while extending the current H1B petition post 12/31/2013? Post which my status would be reset back to H1B.

 

Thanks for your reply , awaiting more information on this.

 

Thanks

Suresh.

[pontevecchio]

Did you go for the H1 visa to Canada?

[punna.suresh@gmail.com]

No, I didn't go to the US consulate and didn't apply for H1 visa, it was a just a visit to Canada.  Automatic Revalidation Rule says we are not allowed USA if we attend the consulate for a visa and it is declined.

 

Any thoughts please on the questions i asked?

[GNH]

You are no longer on H1B as far as I can tell. Please consult an immigration lawyer immediately.

[pontevecchio]

Go to your nearest CBP maybe at your nearby International Airport and have them correct this error. First inform your employer and the company Lawyer. It is not a major problem.

[nchhabria]

Hi Suresh,

I have a similar situation as yours but I havent yet visited to Canada and returned, but can you please share your experience of what all you did to finally fix your issue?

Thanks!