Atlanta Regional DOL Tracker - Old (Archived on 09/24/2004)

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I have a I94 with an expiration date of april 2003. I entered the country in dec 2002 and my H-1 was valid only till april 2003 and hence the date.
Since entering I got my H-1 renewed but still have the I-94 with the April 2003 date.
I have not left the country since but the statement that your stay is valid only till the date on I-94 does have some exceptions like my case.
Unless I got it all wrong and I am illegal too !!!!

DesiDon
 
desidon777, in your case I think you have applied for extension before your I-94 was expiring.
Nishokie's is a different case as he already have the valid H1 and he did not apply for the extension thinking the I-94 on H1 is valid.
 
Re: Help Help Help !!!!

Originally posted by nishokie
I've got bit of an issue at hand but my lawyer says that its big problem. Can you guys help me out....

I have been working with ABC company since July 1999. I was issued my first H1-B visa valid from March 2000 to March 2003. In September 2001, while working in the U.S. in valid H-1B status, I was assigned a new position in the SAME company but different location.
A new H-1B petition was filed and I was issued a new I-797A form confirming my employment from September 2001 to May 2004 with the company. Upon my return from India, after a brief vacation I entered the United States back in January 2003, I was inadvertently issued an I-94 with an expiration date of March 2003 (based upon the expiration date of my old H-1B visa) instead of the expiration date per the new I-747A form even though during my entry I presented my passport and my new I-797A approval notice. As a result of this error, my I-94 card expired in March 2003, while I was present in the U.S.

While preparing documents for an extension of my visa, which expires in May 2004 my company’s lawyers noticed the error and alerted me to the fact that my I-94 card had expired and my stay in the US is illegal........is that true????

If I have a valid I-797A form that validates my stay till May 2004 then how my stay be illegal even if my I-94 states a date based on my old H1B visa. Can you guys tell me if this is true?????? Please help ASAP my I-797 experies in May 2004.

Thanks
Click to expand...
Nishokie,

Please relax.Here is what i know.
As per me,you are not illegal but just have a inaccurate I 94.
There are 2 things you have to consider
1) Do you still have the I129 form that was a result of new H1?The I 129 has a valid I 94 at the bottom.
2)Go to this link to find a form and also find details about correcting a inaccurate I 94
http://uscis.gov/graphics/formsfee/forms/i-102.htm

You or your lawyer will be able to explain the exact situation.

I know of a case in past and a new I 94 was issued.

Hope this helps.

kewlsans
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This content is for your information only.Please consult your lawyer for advise.
 
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Originally posted by DESIDON777
I have a I94 with an expiration date of april 2003. I entered the country in dec 2002 and my H-1 was valid only till april 2003 and hence the date.
Since entering I got my H-1 renewed but still have the I-94 with the April 2003 date.
I have not left the country since but the statement that your stay is valid only till the date on I-94 does have some exceptions like my case.
Unless I got it all wrong and I am illegal too !!!!

DesiDon
Click to expand...

No.
you are legal.check your extended/transfer I 129(H1) ,you should have a valid I 129
 
DESIDON777 is safe since after renewing H1 did not leave country and hence the new I94 he got with new I797 is valid. But nishoke after getting new I797 has left the country and would have surrendered his I94 he got with I797 and new I94 issued on reentering is valid only till March'03 and hence illegal.
 
gc sucks and kewlans

i am confused and terrified. i dont want this to hamper my gc process.

first, did i make a mistake by not getting a new H1B visa stamp based on my new job and new I-797A. My lawyer had told me that it was OKAY to not get a new H1B visa stamp because my old stamp was still valid till March 2003 and that i was still working in the same company?

second, is it my fault if the visa officer stamped an expiration date of March 2003 based on my old H1B visa(may be because thats the visa stamp i had on my passport). Should the visa officer have looked into the fact that I have a new I797A that is a work permit valid from Sept. 2001 to May 2004 and then should have stamped my I-94 based on my new I-797A and not based on the passport visa stamp date?

If I am illegal then how will I prove that the visa officer goofed up?
My lawyer is telling me to go back to india for a new stamp...whats screwed up is the fact that I have NOT received my new I-797A for the extension of my visa...May 2004 and onwards? What should I do now?

Thanks.
 
gc sucks

i think i get the point you're making. the fact that i left the country is what makes my stay invalid.

i should have gotten the new I-94 date stamped based on my new I-797. Obviously, I didn't check the date when I entered the US nor did the visa officer. All along I thought I was OK because I thought I had my new I-797 which validates my stay. I was wrong in making that judgement.

But now what is the legal course of action??????
 
nishokie,

Do you have the I-94 that came with your new extended H1?

If you do, you should be fine. The port of entry officer did not make any mistake in your case, they do not issue I-94 dates based on your H1 paper, but they consider the data of the visa stamp on your passport. If you needed an I-94 valid til your
new h1 expiration data, you should have gotten a visa stamp
from India based on the new h1.
Please discuss this with your lawyer and may be take a second opnion from another lawyer.

Like I said if you still have the I-94 that came with your new H1 appoval notice, you should be fine.
 
The point GC2ME is not true. It is not necessary to get the new H1 stamped on the Passport to get I94 valid till the validitity of new I797. It is sufficient if you producw I797 at the port of entry and get I94 till the validity of I797. This is what exactly I did at the port of entry. The point is officer at the port of entry do not always look at the I797 validity dates when they write dates on I94. You have to be really careful that they write proper dates in I94 when you enter the country
 
GC2ME's point is not true. You can get the stamp on your I-94 based on new I-797 at the port of entry even if you have an old VISA stamped on your passport. Most of the time officers issue I-94 based on the VISA stamp on your passport. You have to check the date stamp on your I-94 before leaving the counter and make sure that it matches the validity date on your latest I-797. If not, then you should request the officer at the port of entry to issue I-94 based on latest I-797. Remember your legal status in US is valid only till the date on your I-94 and not I-797.
 
Thanks for correction guys.

I know we are going a little off the subject from labor issues but,

What about the case when you get the H1 extended but your old
visa stamp in the passport expired. You still hold a legal status even though the I-94 issued at the port of entry (from last time we entered us) has expired, but H1 extension came through.
 
That new I94 gives you valid stay in US even though you dont have new visa stamped in the passport. But once you leave the country, the new i94 would have be surrendered and thatz the end of it. On reentering , you will be given a new I94 with a new validity on it. Visa is required only for entering the country and need not remain valid till your end of stay in the US. But I94 has to valid throughout you every day of stay in US. Even if you overstay your I94 date by single day you are illegal. Legality is determined by I94 dates and not visa or I797 dates
 
they are still processing jan 03 cases ..this is BS.This is getting into my nerves ..i guess they are taking 2+ months to clear a month files.

which will take 18+ months to reach my file.


I just called this lady at federal dept , she was nice enough to talk for a minute to tell, we are working on jan/feb2003 cases

but she was not able find my case using my last name or so..
which is frustating ....no idea it's there or not
 
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gvr123 ,

Can you please post the telephone number?

Thanks.

This is frustrating.We have been waiting for years just to get our LC.How pathetic?
 
Originally posted by kewlsans
gvr123 ,

Can you please post the telephone number?

Thanks.

This is frustrating.We have been waiting for years just to get our LC.How pathetic?
Click to expand...

kewlsans-

It's (404) 562-2115
 
I can't believe that....
it is just exactly 3 years I spent for GC since I filed for LC... and I am still waiting......
I don't want to be frustrated with whole this delay... but I can't help...
come on atl DOL !!!
 
GC

This is absolutely outrageous. I feel like my opportunities fade away as the time grow by in my never ending LC wait. This is nothing but modern-day version of forced labour.
 
Updating the Status list:
Any news from Jan and Feb guys, I asked my attorney about my labour(Feb) and she doesn't have any clue and asked me to check for the processing dates in this site.(IMMIGRATION.COM)
 
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