H1B Visa Expiration !! HELP !!!

N

nishokie

Registered Users (C)
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.

(Unfortunately, when I went back to India I made the mistake of not getting a new H1B visa per my new job but I was told that it was OK to not get a new visa as long as you're still employed with the same employer.)

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 expires in May 2004.

Thanks
 
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.

(Unfortunately, when I went back to India I made the mistake of not getting a new H1B visa per my new job but I was told that it was OK to not get a new visa as long as you're still employed with the same employer.)

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 expires in May 2004.

Thanks
Click to expand...
No matter what, the I-94 issued last prevails over all other I-94's. If the last issued I-94 in your case was the one at the Port of Entry, it's date will be the date governing your period of authorized stay. If that has expired, you are considered out of status. If you are out of status more than 6 months then you will be barred form entering US for 3 years. For 1 year or more out of status condition the bar is for 10 years.
You might be in serious trouble because of this and need all the professional help you can get.
 
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.

(Unfortunately, when I went back to India I made the mistake of not getting a new H1B visa per my new job but I was told that it was OK to not get a new visa as long as you're still employed with the same employer.)

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????
----- that is 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??????

----- when you entred lat time at POE you were supposed to show your H1Visa stamp AND new H1 extension notice and officer at POE was supposed to give you I-94 till your H1 approval notice, you should have pointed the officer if he did mistake and should have asked for supervisor to correct it. I-94 is the document that states your legal stay not the H1 approval notice. I dont know when you entred the POE better go to same POE with passport and H1 Visa stamp and ask for supervisor they may give you new I-94 or correct the date on I-94 or ask your lawyer what should be done now to correct the wrong date on I-94, you should have noticed it early and could have filed Form I-102 with USCIS or you could have visited POE or local USCIS

Please help ASAP my I-797 expires in May 2004.

Thanks
Click to expand...
 
illegal

ok if that invalidates my stay in the US. how will i prove to the USCIS that this was an error caused by the visa officer....i presented him the new I-797 form but he stamped my I-94 based on visa in the passport. and to be honest, i thought that was probably the correct procedure because the i-94 would stamped based on my passport visa and not I-797..

i made the mistake of making that judgement..... but is something like this pardonable? what is the minimum penalty for this?

what if this was a scenario where i would have alerted the INS within 6 months.....can i beg or plead for minimum penalty?
 
Re: illegal

Originally posted by nishokie
ok if that invalidates my stay in the US. how will i prove to the USCIS that this was an error caused by the visa officer....i presented him the new I-797 form but he stamped my I-94 based on visa in the passport. and to be honest, i thought that was probably the correct procedure because the i-94 would stamped based on my passport visa and not I-797..

i made the mistake of making that judgement..... but is something like this pardonable? what is the minimum penalty for this?

what if this was a scenario where i would have alerted the INS within 6 months.....can i beg or plead for minimum penalty?
Click to expand...

Only a competent attorney can advise you in this matter. Your situation is very serious.
 
You must log in or register to reply here.
Top