I-94 out of status??

M

mvnm00

Registered Users (C)
I have a typical case and hope somebody would give me a legal advise as to how i should proceed. This is regarding my I-94 status.

I joined company-B in Feb'2002. I had visa of my previous company(company-A) till May'2003. In the mean time I went to India in Nov'2002 for marriage. Till this time my new H1 was not apparoved and all i had my receipt notice. During my stay in India my H1 was approved (company-B)and my company has sent me the H1 copy and due to in sufficient time i had to come back with out getting my current company's (company-B)visa stamped. My visa on passport(with old company was still valid till May'2003. I came back on 01/12/2003 and at the port of entry i showed my new H1 approval copy and also showed my visa on passport (previous company). The officer asked me to get my visa stamped as soon as possible. He issued me a I-94.
I didnot give it much notice after the officer has given me the I-94. Also in May'2003 i sent my visa for revalidation with my current company (company-B). I got the new visa (valid till 08/24/2004).
After i got my new visa on my passport, i checked my I-94 copy that was issued during the port of entry and i realized that during port of entry the immigration officer has given me I-94 till 01/14/2003 (which was just for 2 days). The I-94 on my new H1 approval is valid till July' 2004. At this stage which I-94 holds good. This seems to be bit contradictory as on my H1 approval i still have vaid I-94 but my port of entry I-94 is already expired...I do not know if it was a mistake by the INS officer. My questions are

1. Am i legal now?
2. Is it possible to give a I-94 for just 2 days (intenional or un intentionally).
3. Can i apply for I-94 status adjustment.
4. Since i got new visa of current company (company-B) which is valid till July'2004...Am i legal to stay ?
5. My 6 year H1 period is ending in Jul'04 and will i have any problem during renewal of H1 (extension of H1 currenlt GC on process).

Please advise me.....

I would really appreciate for any kind of help...
Thanks
 
When you entered at POE you had H1b visa stamp AND showed H1b approval notice you were supposed to get I-94 valid till your H1 approval notice, The Inspector at POE did mistake and you never noticed the wrong date on I-94 that is your mistake.
You can go to same POE airport and get I-94 corrected meet supervisor or go to local BCIS office get it corrected or file form I-102 with USCIS OR go to Canada, Mexico and while return get newI-94 based on H1 stamp (when you go to Canada by border you will face Canada immigration and normally they don’t ask for I-94 but you should give them, if take flight to Canada airline will not ask you to surrender I-94 but you should give them so that when you return you get new I-94) or go to any country out of US and get newI-94
 
*** part of your post
The I-94 on my new H1 approval is valid till July' 2004. At this stage which I-94 holds good. This seems to be bit contradictory as on my H1 approval i still have vaid I-94 but my port of entry I-94 is already expired...I do not know if it was a mistake by the INS officer. My questions are

1. Am i legal now?
2. Is it possible to give a I-94 for just 2 days (intenional or un intentionally).
3. Can i apply for I-94 status adjustment.
4. Since i got new visa of current company (company-B) which is valid till July'2004...Am i legal to stay ?
5. My 6 year H1 period is ending in Jul'04 and will i have any problem during renewal of H1 (extension of H1 currenlt GC on process).

-------
1. Yes you are legal
2. POE officer made a mistake
3. No need. Use the I-94 on your new H1 approval which is valid until July 2004.
4. Yes your stay is legal until July 2004.
5. Not with your I-94 issue.

Note: I am not a lawyer and this is just an opinion.
 
What is your latest I-94?

That you got at POE

Or
That you got with H1 extension approval

Did you go out with H1 approval notice and I-94 attached with it? That I-94 was supposed to be surrendered at POE before departure
Did you get H1 extension after your visit out of US?

*** I hope you received your H1b approval out of US and when you entered US you were given I-94 till 01/14/2003 and that is the LAST ACTION. You have I-94 that came with H1 extension and you were out of US and you entered US after H1 extension was approved and latest action is your POE I-94

According to my opinion you are out of status as your I-94 expired on 01/14/2003 you need to fix your I-94. Talk to good immigration attorney ASAP and I stick to my earlier post.
 
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