Advice needed - Out of status?

[GC050102]

This is one of my friends case (not mine, I'm a GC holder).


My friend has H1 from his previous company and applied for a new H1. And he recieved the approval and started working for the new company, and went to India. Unfortunately, he didn't go for the stamping in India and came back to US, and entered in to US with the old H1 stamping (He wasn't aware that he has to come back with the new H1). After coming here, he got the new H1 stamped on his passport.

Dates:

He went to India - NOV-2003 (By this time has new H1 approval)

He come back from India - DEC-2003

Old H1 was expired --------->04/26/2004
Old I-94 was expired ----------->may/06/2004

New H1 stamping on his passport - 13/july/2004
Expiring on 15/june/2006


Now, my question to gurus here is, was he 'out of status'? If so, what he needs to do now?

I really appreciate your answers.

 

[GC050102]

Thanks joeF,

When the old I-94 expired, he already had the new H1 approval in his hand. He had his new H1 approved, before he went to India.

 

[GC050102]

The reason I'm asking here is, when he contacted the new comapny attorney, the attorney said 'he was out of status' for that period. Is that true?

 

[Apollo_13]

Its not true.

If the receipt date in H1 extension approval notice is earlier than old H1 expiry date, then he is fine.

 

[GotPR?]

When the old I-94 expired, he already had the new H1 approval in his hand. He had his new H1 approved, before he went to India.

I stil do not clearly see the picture, but this might be a problem.
He got H1 approval with I94 before traveling. He was supposed to hand over
this I94 when he left the US and I94 he got upon return probably dictate his legal stay. If he showed his old H1 stamp, he probably got new I94 based on old H1 stamp. If he stayed beyond I94 expiration, he might overstay.

How did he get I94 currently he has and what is expiration date of that ?
You should check with your friends on this matter.

 

[GotPR?]

I agree with JoeF.
One thing i'm not sure is how he got stamp. He got stamp in July 2004, and this might be obtained through revalidation at St. Louis(which was terminated in June(July?) 2004, but if he submit it by deadline, he might get it in July 2004). It is just my guess. If he got stamp that way, I wonder what I94 he has now.

 

[joejoy]

ammended h1

I had a similar issue ( may be not exactly the same) with my H1 as well.

I traveled with my old H1. During my travel my new H1 got approved. While applying for new H1 I had provided my I94 number, but since I got a new I94 number when I entered using my old H1, I had to do somthing called a ammendment using new i94 number. Dont know what exactly it was since my companies lawyer's took care of it, But I was allowed to start my new job with the approved h1 and had to wait for the ammended h1 to come through to get my passport stamped.

Sounds complicated isnt it??. Yes I did this some time in 2001.