Over stayed with out knowledge...


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My I-94 expired in 2010 October, My-I797 is valid till October 2011, I thought I-797 Validity is sufficient and stayed in US.


I moved to another company got H1 for 3 years in 2011,  My lawyer is applying for second H1 Extension

During second extension my lawyer

 find out that I stayed from October 2010 to may 2011. (Even though I-797 valid, I-94 Expired in October 2010)  He is applying for extension and he is saying he will inform to USCIS that by mistake the over stay has happened…


Is it ok or any implications to my green card or stay at US….will it be any problem...pl respond...iam in tension

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  • 3 weeks later...

I came to US WITH INITAL i-797 APPROVED till 2010. Mean while I moved to another company got I-797 till 2011.

I went to India in May 2009 while returing they granted I-94 till october 2010.

In 2011 again I moved to company C with H1 transfer and I got up I-787 UP to May 2014.

When current employer applying for H1 Extension, he found that my I-94 EXPIRED IN october 2010 and H1 transfer approved in may 2011,(in between October 2010 and May 2011 u stayed illegally). will it create any problem in my H1 Extension.

My question is I already got H1 approval when i was illegal (with out my knowledge), know I have valid I94 ATTACHED to my I-I797 till may 2014.

During extension will it be any problem?????????????pl..pl help me out...

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Thank you Pontevecchio,

Now I have new I-94 attched to my I-797. which is going to expire on may 2014.

my I-140 is also approved.

My lawyer is going for 3 years H1 Extension with approved I-140 (He is saying he will inform my out  status of 6-9 months (during Oct 2010 to May 2011)  to USCIS.

Will it create any problem to my H1 Extension, what could be the worst situation..pl help me out......pl

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I had a similar issue with an expired I94, the lawyers took care of it, and I got a new I94 when I renewed my H1B




when I left the country and had to get my visa stamped, I got a 221g check, and was stuck in Canada for a month


Does that mean this will happen to you? not necessarily, but now you have bigger chance of being stuck on 221g overseas in the future

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I over stayed for about a year, my passport had expired and I got a new one without realizing that my I-94 expiration was the same as my old passport, dumb mistake of my part


I got a blue 221g, it looked more like a security check than anything, but I am not sure, I did mention my overstay in my DS160


pontevecchio, maybe you are right and it has nothing to do, but no one really knows why the issue 221g's anyway... and any alarm can trigger one.

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