I came to US in aug 2001, had I-94 till Sept 2003. I did not get a job. I gave birth to a girl in May 2002, we were supported by our US citizen cousin. I went back to India in Nov 2002. I filed for a new H1 and got the approval (without I-94 card). So i came to US in June 2003 without getting the visa stamped on new employer. But I wrote new employer details on I-94, got it till Sept 2003. Now I am having a project and I am getting paid by my new employer. Can I continue doing so? Pls advice.
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H1B and I-94 expired
- Thread starter amut
- Start date
PremChopra
Registered Users (C)
It should be ok, if the H-1 you got from new employer is valid later than that, there is a perforation near the bottom half of the I-797 approval, the bottom portion is the new I-94 if that has a date beyond Sept 2003 you are ok.
It's important for you to check the date on the bottom I-94 portion that upto what date your stay is valid.
You can choose to send your passport to St. Louis for Visa revalidation if you want and they would stamp the visa upto the date you have your new H-1 approved.
It's important for you to check the date on the bottom I-94 portion that upto what date your stay is valid.
You can choose to send your passport to St. Louis for Visa revalidation if you want and they would stamp the visa upto the date you have your new H-1 approved.
Amut
you can enter in old companys valid visa stamp but you should have shown your new h1 from the new employer which will have higher expiration date. in that case the poe officer would have granted your stay till the expiration of your new h1.
based on your message your latest i94 is reflecting your old h1 which is sep 2003.
technically you did not transfer your h1. infact you have filed new h1. transfer is applicable only when you are inside usa.
i am afraid you are currently out of status. consult an attorney immediately. risk grows everyday.
Premchopra
you wont get i94 attached to your h1 approval notice when you file it when you are outside usa.
you can enter in old companys valid visa stamp but you should have shown your new h1 from the new employer which will have higher expiration date. in that case the poe officer would have granted your stay till the expiration of your new h1.
based on your message your latest i94 is reflecting your old h1 which is sep 2003.
technically you did not transfer your h1. infact you have filed new h1. transfer is applicable only when you are inside usa.
i am afraid you are currently out of status. consult an attorney immediately. risk grows everyday.
Premchopra
you wont get i94 attached to your h1 approval notice when you file it when you are outside usa.
PremChopra
Registered Users (C)
saigc is right,
You won't get I-94 attached with new H-1 approval. You should talk to an attorney immediately because after certain number of days you are barred from entering US again.
It may be possible that sending a copy of new H-1 may get you an I-94 with a later date - just a guess.
So talk to an attorney as soon as you can.
You won't get I-94 attached with new H-1 approval. You should talk to an attorney immediately because after certain number of days you are barred from entering US again.
It may be possible that sending a copy of new H-1 may get you an I-94 with a later date - just a guess.
So talk to an attorney as soon as you can.
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