194 Problem for H1b

B

blahblah

Registered Users (C)
My friend has this H1b problem:

Applied for H1B from Company A in mid 2004 while on OPT. Got approval with I94 and went to India in Dec 2004 and got the H1b stamped. When entering the US in Jan 2005 got another 194 (the old one was given to airline agent while leaving US).

The problem is that the immigration officer put I94 valid only till mid-July 2005 as the passport expires then (there is a comment on it that says that). The passport has been sent for renewal. How do we fix the I94 problem? Will my friend be out of status after July 2005?

Also, in the meanwhile, if H1b transfer is filed to move from Company A to Company B, what impact will this have?

Thanks for your help.
 
blahblah said:
My friend has this H1b problem:

Applied for H1B from Company A in mid 2004 while on OPT. Got approval with I94 and went to India in Dec 2004 and got the H1b stamped. When entering the US in Jan 2005 got another 194 (the old one was given to airline agent while leaving US).

The problem is that the immigration officer put I94 valid only till mid-July 2005 as the passport expires then (there is a comment on it that says that). The passport has been sent for renewal.
How do we fix the I94 problem?

Will my friend be out of status after July 2005?
----- go to POE and get it corrected or file form I-102(not sure about form#) or exit US and reenter US again and get new I-94

Also, in the meanwhile, if H1b transfer is filed to move from Company A to Company B, what impact will this have?
---- If H1B transfer petition filed by B reaches BEFORE I-94 gets expired then you will get new I-94 attached with H1 approval notice and will be valid till new H1 Transfer approval
Thanks for your help.
Click to expand...
 
blahblah ,
As per your message you got your new H1B approved while you are in India. In this case you can't use the I94 which came with the H1 transfer approval. You will be considered out of status once your I94 given at port of entry expires. Better use the options given by ginnu above.

crk321
 
crk321,

Firstly, thanks for your thoughts. But in my post, I had said "Got approval with I94 and went to India in Dec 2004 and got the H1b stamped" - ie. my friend was in US on OPT, got H1b approval with I94 attached while in the US. Then that 194 was left with airline agent, while leaving to go to India.

So, in this case, can my friend still wait for the H1b transfer with new I94 (provided it is filed prior to the 194 expiry date) to resolve this issue?

Is it common practice for the immigration officer to put the passport expiry date on the I94 even though the visa and the H1b are for the duration of the entire 3 years?
 
blahblah,
Sorry about the confusion. As long as your friend applied for H1 transfer before the H1B expires he is going to be fine. One way he can make sure every thing is fine is to check the new I94 number is same as the one currently in his passport(provided he hasn't moved in and out of the country after applying for the transfer). And it's not uncommon common that they issue I94 for less period than H1B validity.

Crk321
 
correction to my previous message :

As long as your friend applied for H1B transfer before the I94 expires he is going to be fine.
 
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