H1-B extension incorrect i-94 problem

[omega123]

I have a visa stamping in my passport that is valid till 15Aug2011 and I got this visa from my previous employer. I got the I797 approval notice from my current employer till Apr2012.

When I came back from India this June, I got an I-94 issued based on my visa from previous employer and its validity is till 25Aug2011. I did not notice this when entering the country and now when I submitted all the paper work for H1-B extension, I was told by the visa processing section of my university that I have been out of status from 25AUg2011.

I stopped working from last monday and one option given was to go to the local deferred office to get the I-94 corrected. I am concerned since I do not have a valid status now and they can deport if they want to.

Another option that we are persuing is to file for H1-B extension request INS to issue start date as 26Aug2011. I do not know if this will be approved since I do not have a valid status now.

I am wondering if anyone here had or knows someone who was in this situation and how they handled it.

Thanks

 

[ginnu]

I have a visa stamping in my passport that is valid till 15Aug2011 and I got this visa from my previous employer.

I got the I797 approval notice from my current employer till Apr2012.

---When did you got the Current H1 approval notice? when was that H1 Petition filed?

When I came back from India this June, I got an I-94 issued based on my visa from previous employer and its validity is till 25Aug 2011.
------ Do you mean you went to India when your H1 of current employer was approved and you has H1 approval notice with you and your H1 of current Employer has I-94 attached valid till April 2012(same color of Approval and lower part of Approval notice? If you had H1 of new employer with you then you were supposed to show the Visa stamp in Passport AND H1 approval notice of Current employer and officer was supoosed to give you New I-94 valid till your Latest H1 approval Notice (April 2012).

I did not notice this when entering the country and now when I submitted all the paper work for H1-B extension, I was told by the visa processing section of my university that I have been out of status from 25AUg2011.

I stopped working from last monday and one option given was to go to the local deferred office to get the I-94 corrected.
-------- if it is mistake of CBP officer then they CAN correct the I-94 and you can go to local deferred office ( The Airport you entered last time will be best and go to that deferred office and take your Passport, H1 approvals, I-94 and remember the date and Airline you cane to US. if you have copy of your Airticket take that)
I am concerned since I do not have a valid status now and they can deport if they want to.
-------------------- You have not posted Full info in Sequence or from First step with date then sond step with date then.... Rewrite so that we understand your situation

Another option that we are persuing is to file for H1-B extension request INS to issue start date as 26Aug2011. I do not know if this will be approved since I do not have a valid status now.

I am wondering if anyone here had or knows someone who was in this situation and how they handled it.
------Need Full detailed Information in sequence.
Thanks

------

 

[littleadv]

If you stopped working last Monday - you're out of status, regardless of the I-94. Even if the I-94 was stamped correctly, once you stop working for the sponsoring employer - your H1B status is cancelled.