I-94 Question

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help_please

Registered Users (C)
HI All,
I have some questions regarding my I-94 and H1-B visa.

1. I have two I-94. One, I got with my H1-B visa extension in Oct.'03 which is valid till Nov. '06(until my H1B visa dates) and another one, I got when I came back from India in Dec. '03 which is valid till Nov. '04(my PP was expiring, so they gave me till then). Now my question is, which one should I use.

2. My GC is being processed in family category through my husband. So, in case if I overstay my I-94 date, will that create any problem in that process ?

3. Right now I'm out of project, but my company has not informed INS, but at the same time they are not giving me any pay stubs. And my H1B visa is valid till Nov. '06. So in this situation, If I plan to travel to India before my I-94 expires(Nov. '04), is it advisable ?

4. Should I transfer my H1 visa to another company ?? In this situation, does this process go smoothly ?

All your help is appreciated.
 
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1) Your I-94 which you got the last is the valid one. I'm assuming you have the new passport. You should apply for the extension immediately.

2) In 485, this might not be an issue, but if you do CP then big flags will be raised. But it will be better to take corrective action now.

Cannot comment about 3 & 4. It would be better if you post this in the H1 forum where your queries will get more exposure.
 
Thank you alren.

But right now my employer is not ready to file H1 extension as I don't have project. Can i do that myself ??

What is CP ??
 
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help_please said:
HI All,
I have some questions regarding my I-94 and H1-B visa.

1. I have two I-94. One, I got with my H1-B visa extension in Oct.'03 which is valid till Nov. '06(until my H1B visa dates) and another one, I got when I came back from India in Dec. '03 which is valid till Nov. '04(my PP was expiring, so they gave me till then). Now my question is, which one should I use.
--- the one came with extension overruled irrespective of the dates


2. My GC is being processed in family category through my husband. So, in case if I overstay my I-94 date, will that create any problem in that process ?
yes. if you have filed your i485 based on your husbands gc then you may be fine. its better to extend the h1 or file h4 change of status based on your husband h1 if applicable.

3. Right now I'm out of project, but my company has not informed INS, but at the same time they are not giving me any pay stubs. And my H1B visa is valid till Nov. '06. So in this situation, If I plan to travel to India before my I-94 expires(Nov. '04), is it advisable ?
--- your employer is legally required to pay you irrespective of whether you were in project or not. if you dont get your paycheck you are not maintaining your h1 status properly. if complained to dol they will recover your wages. if found guilty your employer will be debarred from filing h1 or any immigration petition with uscis for upto 1 year. you may travel and comeback as long as your h1 is valid. but you may have problem if poe officer request you to produce recent paystubs or employment letter from your employer

4. Should I transfer my H1 visa to another company ?? In this situation, does this process go smoothly ?
you can transfer h1 to another company. uscis request for recent paystubs. you may various issue if you have any missing paystubs.

All your help is appreciated.
Click to expand...
 
Overstay questions

I have few questions regarding my stay here in US. Let me first explain you my situation. I'm here on H1B(visa untill Nov. '06) visa and have lost my project. My company has not paid me since then and they have not revoked my H1 also. I got married last year to GC holder(he has got his GC on family immigration) and he has applied for my GC this year in March '04. This year he has also applied for his citizenship and we are waiting for it. Now my questions are :

1. Since I'm waiting for my EAD through family based GC, will there be any problem if I stay here on H1B visa though I don't have a project ? Also my I-94 is expiring on 11/DD/04, because I had a passport which was expiring on that date. So will it be okay if I overstay my I-94 date ?

2. If I have to leave for India before I-94 expires, then can my husband apply for K-visa or what are the other ways he can apply for me ?

3. Is there any way I can get my I-94 dates extended, by going to Local INS office ?

4. Can I transfer my H1 to new company without the latest pay stubs and old offer letter from my company?

5. Can I get Canadian visitor visa using my old company letter and pay stubs ??
I really appreciate your help. Please let me know if you need more details.
 
If your green card is pending and is family -based Immigration. Even if your H1 expires and also the I-94 expires your status here -wll be - AOS - Adjustment of status. Since you already filed I-130 and I-485, you can leave the country only with Advance Parole.
Believe me I also had the same problem. So does a friend of mine. I got married to an USC in March/2004 and filed the 130/485 in June. And my status expired on 6 Oct/2004 (it was extension). I kept on working under my old status until it expired. After that (now) I immediately fell in AOS.
There's nothing to worry about if you overstay you visa or I-94 because you'll immediately fall under status -AOS and will be able to work with EAD. Have in mind that if you decide to use the EAD your H1 will be immediately terminated and your status will go straight to AOS (which will be your legal status)
I've talked to laywers about that, to the NCSC, to my ex-visa sponsor (who was also a family-based immigrant in the past and has gone through that already) and directly to an Immigration officer+ got a lot of help from the members in the forum.THANX GUYS
There's no way that you'll be illegal if you overstay your I-94 if you've already filed 130 and 485.
Yourt case is married to a GC holder. But it still doesnt change anything cos you have pending GC under his (which is basicly equal to the case = married to USC). Do not worry. Good luck.
 
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We have just applied for I-130 and still waiting for my husband's citizenship, and then we will expedite the process of my GC.

So is it okay to overstay in this case ?
 
Good News !!!!

Hi All,
Today, I had gone to Local INS office here, and INS officer told me that, I-94 which came along with my H1 visa extension(June '03 date) is valid and can be overruled by I-94 which I got from my India trip(Dec.'03). I don't need to get my I-94 extended. So wanted to spread this news and also want to thank you for all your support.
 
That has always been the case. The last I-94 overrules any old I-94s and decieds your duration of stay.

In your case, is the I-94 you got in 6/03 have more validity then 12/03?
 
No your I-94 from 12/03 is valid not 6/03 ....

Do you have different dates on both , otherwise this Q. is moot.
 
I have two I94. One I94 has expiry date of 11/04 and was give to me on 12/03. And other I94 was the one with my H1 approval notice. THat has expiry date of 11/06 and was issued to me when i got my 3 years extension, that is on 06/03.

And when I went to Local INS office, officer told me that my I94 with my Approval notice is valid.
 
Need help regarding my SSN

Hi,
I came to usa on H4-visa.
I filed for new H1(PREMEIUM) through VERMONT SERVICE CENTER.
It was approved on June 2004 and valid to work from OCT 1st of 2004.
I went to apply for SSN in the local Social security Office,
They said that my I-94 is showing H4, and is not updated. And asked me to come after 2 weeks.
I went again they told me the same thing.this time they told they are not sure when it will be updated.
Myself and my husband, we both have maintained valid legal status in the U.S. please guide me what to do? Thank you.
 
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