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Would I be considered as overstayed the time period authorized on my I-94 form ?

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  • Would I be considered as overstayed the time period authorized on my I-94 form ?

    Please help,
    Have I overstayed the time period authorized on my I-94 form???

    I got my visa stamped thru COMPANY A in 2008, and my Visa & I-94 was to expire on Sep 2010.

    Before my visa expired (on Sep 2010) , I changed my employer to COMPANY B.
    Company B, applied my visa as an Extension & Transfer on Aug 2010 (one month before my first visa was to expire)

    In January 2011, I got my visa approved (applied from COMPANY B.)
    The visa and I-94 say valid from Dec - 01-2011 TO 2013.

    Again, I change to Employer (COMPANY C). this time I got the visa to and from the date , which COMPANY C applied.

    But I'm worried about the part of COMPANY B's visa. how come my visa and I-94 say valid from Dec - 01-2011 TO 2013. Even though it was applied on Aug 2010?

    My question is:
    My first I-94 ( valid till 20-Sep 2010 )

    And, second visa and I-94 say valid from Dec - 01-2011 TO 2013.
    In this time, I was never being out of US. But there's 2 months gap between First visa expiration date and new VISA validity date.

    But I joined and start working with the company B from SEP 22, 2010, I'm having proper salary stubs for these time period.

    Was I, out of status for about 2 months in US. ?
    Would my case be consider as " overstayed the time period authorized on my I-94 form."

    In this situation is it safe to go for visa renewal stamping?
    I'm little bit scared now?

    I'm thinking to apply for visa renewal as Third Country national .
    But the consulte website say "Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form; "
    CAN NOT APPLY VISA as Third Country Nationals (TCNs) .

    Questions:
    1. Can i apply my visa renewal as TCN( canada or mexico )
    2. Would I be considered as overstayed (*after I-94) or illegal status?
    Considering in mind, visa has been apply before visa expired, and I dont have any intension to break the I-94 rules and I do have all the salary stubs and W2 for all the period.



    Please help.
    Last edited by Nakul; 7th January 2012, 11:45 AM.

  • #2
    Originally posted by Nakul View Post
    Please help,
    Have I overstayed the time period authorized on my I-94 form???

    I got my visa stamped thru COMPANY A, and my Visa and I-94 was to expire on Sep 2010.

    Before my visa expired (on Sep 2010) , I changed my employer to COMPANY B.
    Company B applied my visa as Extension and Transfer on Aug 2010 (one month before my first visa was to expire)

    In January 2011, I got my visa approved (applied from COMPANY B.)
    The visa and I-94 say valid from Dec - 01-2011 TO 2013.

    Again I change to Employer (COMPANY C). this time I got the visa to and from the date , which COMPANY C applied.

    But I'm worried about the part of COMPANY B's visa. how come my visa and I-94 say valid from Dec - 01-2011 TO 2013. Even though it was applied on Aug 2010?

    My question is
    My first I-94 ( valid till 20-Sep 2010 )

    And second visa and I-94 say valid from Dec - 01-2011 TO 2013.
    In this time I was never being out of US. But there's 2 months gap between First visa expiration date and new VISA validity date.

    But I joined and start working with the company B from SEP 22, 2010, I'm having proper salary stubs for .these time period.

    Was I, out of status for about 2 months in US. ?
    Would my case be consider as " overstayed the time period authorized on my I-94 form."

    In this situation is it safe to go for visa renewal stamping.
    I'm little bit scared now?

    I was thinking to apply for visa renewal as Third Country national .
    But the consulte website say "Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form; "
    CAN NOT APPLY VISA as Third Country Nationals (TCNs) .

    Questions:
    1. Can i apply my visa renewal as TCN( canada or mexico )
    2. Would I be considered as overstayed (*after I-94) or illegal status?
    Considering in mind, visa has been apply before visa expired, and I dont have any intension to break the I-94 rules and I do have all the salary stubs and W2 for all the period.



    Please help.
    Not a problem. During the interim you were in a "period of authorized stay" due to pendency of a timely filed petition which was approved. I am a little confused. Are these successive or concurrent jobs that you are talking about?

    Bottom line is YOU have a valid I-94 in hand--you don't need anything else. You have NOT accrued any unlawful presence to worry about.
    Last edited by BigJoe5; 7th January 2012, 03:49 AM.

    Comment


    • #3
      Originally posted by BigJoe5 View Post
      Not a problem. During the interim you were in a "period of authorized stay" due to pendency of a timely filed petition which was approved. I am a little confused. Are these successive or concurrent jobs that you are talking about?

      Bottom line is YOU have a valid I-94 in hand--you don't need anything else. You have NOT accrued any unlawful presence to worry about.

      Thanks for the response.

      Yes Sir,
      I dont have any break in job, I'm having my countinous running salary stubs.
      I changed my employer to reduce the layers, the time I changed the employer though my client was the same.

      Now the question is, I've to go for stamping for my visa approved by Employer C.

      Can I go for stamping in canada or mexico?
      As consulate website say,
      Who Cannot Apply in Mexico:"Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form."

      So I think, this is not valid for my case and I can go without any worries.

      Is this correct?

      Comment


      • #4
        Originally posted by Nakul View Post
        Thanks for the response.

        Yes Sir,
        I dont have any break in job, I'm having my countinous running salary stubs.
        I changed my employer to reduce the layers, the time I changed the employer though my client was the same.

        Now the question is, I've to go for stamping for my visa approved by Employer C.

        Can I go for stamping in canada or mexico?
        As consulate website say,
        Who Cannot Apply in Mexico:"Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form."

        So I think, this is not valid for my case and I can go without any worries.

        Is this correct?
        What does the USCIS Notice say? Does it actually inform you that you MUST DEPART THE U.S. specifically for CONSULAR PROCESSING?

        Do you actually know what an I-94 is?

        http://en.wikipedia.org/wiki/Form_I-94

        Comment

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