Gurus,need your advice please.

Z

Zaak

Registered Users (C)
I am currently and have always been on a valid H1. On my last entry into US, I had a valid H1 stamped for the duration of my H1 visa. At tha port of entry, the OFFICER limited the validity of my I-94 to the remaining validity of my passport. He told me that this would not effect my work or the validity of my H1 in any way.

I have since continued my stay in US, renewed my H1 with valid I-94s attached to the approval notice and renewed my passport. There was time period when my I-94 had expired but I had a valid H1 both approval notice and stamped on my passport . In your opinion guys have I been out of status. If yes , can I use 245i.
 
I94 determines status not the H1 approval document or stamp.

Yes U can use 245(i) if you are eligible. See the provisions and requirements.
 
No Title

Jaxen, thanks for your input.

My self petitioned I-140 was approved prior to Jan 18, 1998 and I have a I-485 pending. Does the fact that I was inadvertently out of status effect the chances of I-485 approval after I file supplement A. Thanks
 
At some point of time

your status validity is supposed to be verified by INS (when assigned to the officer or local transfer or at the time of stamping). If it is caught at that time, my guess is that you can send the supplement A at that time.
But would I take my own advice if it were my personal case: NO. Consult a lawyer without giving the receipt number.
 
If you filed for H1 extention before you I-94 expired

you should be OK, as you were maintaining your legal status. But you can consult the lawyer just in case, to be sure.
 
No problem if ...

Zack, you should not have a problem if you have extended your H1 after you last entered the US and before the I94 expired. Your approved H1 will have an I-94 attached to it with the new validity set to the length of the extension period. This I-94 is regarded as your current I-94.
 
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