My H1 and my wife's H4 are valid till Nov 2010. When I entered US, the officer stamped the I-94 to my passport expiry date (July 2008). I applied for my new passport after I came and forgot to realize about my I-94 validity date.
I contacted an attorney and they said that I am in legal status since I had pending 485.
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you are on AOS pending status and NOT on H1 status as your I-94 is expired. for work you need EAD
I have contacted 3 attorneys and they all say that I can come back on H1 visa as I am working for the same employer.
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You CAN enter again on H1 status and can get I-94 till Nov 2010.
One even suggested me to go to local CBP office and get I-94 corrected.
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go to CBP Deferred Inspection and explain the situation they may give you new I-94
This is what I am going to do:
- Get I-94 corrected at local CBP office.
----------------------Find the CBP link , with phone numbers and time. Take both passports with you
http://www.cbp.gov/linkhandler/cgov...ction_sites.ctt/deferred_inspection_sites.pdf
- Go to India and come back on H1. If I encounter any problems, I'll use my AP.
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you can do that. if staying near to Canada border then also you can get new I-94 when enter US then your wife CAN enter on H4 as you will be on H1 as you will have H1 based I-94
- If I cannot come back on H1 and used AP, then I'll apply for H1 (premium processing), and then bring my wife here.
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can do that
Please advise me about the plan. Thanks very much.