I had gone to India on vacation. On coming into US I used my old Visa which is valid only till end of June and my I-94 got stamped till end of June of 2005. I do have a valid H1-B till the end of next year 2006, but since I did not get an appointment in time I did not stamp that new Visa in the passport.
I have also applied for an EAD which I should get in about 2 months from now i.e. by end of July.
But my lawyers are saying that between end of June till the time I get my EAD, I am not allowed to stay in the US. They are insiting that I go out of the country or file an H1-B extension. Is that required? Does INS ever check if my I-94 stamp was overstayed? I actually have a valid H1-B and EAD is on the way.
Someone please help me understand this.