H1B visa,I-94 expired and H1B papers valid till May 2008 but I-797 does not have I-94

C

coolguy0201

Registered Users (C)
:mad: Please let me know if anyone knows any other ways and suggestions immediately:(

1) My visa and I-94 expired on July 2006 and I have valid H1B papers till May 2008 but I do not have attached I-94 on my current
I-797 papers.Few of my friends told me that you are
illegal with above situation and you have to go for stamping.Actually you have to get the valid I-94 before 6 months of the old I-94
expires otherwise 3 years bar,before 1 year 10 years bar.Is that correct?
2) If so do I need to go for stamping within 3 months for valid I-94 because my I-94 expired 9months ago
3) Right now my status is legal or illegal with expiration of I-94 and H1B visa but the valid H1B papers till May 2008
4) Can I stay with expired I-94,visa and with valid H1B papers
5) My current employer requested lawyer to apply
nunc pro tunc motion
in premium processing to get I-94 from INS.Will that solve my problem.

Please advice me.

Thanks
 
1) My visa and I-94 expired on July 2006 and I have valid H1B papers till May 2008 but I do not have attached I-94 on my current
I-797 papers.Few of my friends told me that you are
illegal with above situation and you have to go for stamping.

--- Your friends are correct.

Actually you have to get the valid I-94 before 6 months of the old I-94
expires otherwise 3 years bar,before 1 year 10 years bar.Is that correct?

-- It is incorrect.
The 3 yr bar: 6months < your "out of status" stay < 1 year
The 10 yr bar : your "out of status" stay > 1 year

The bar has nothing to do with how early you renew your I-94.

2) If so do I need to go for stamping within 3 months for valid I-94 because my I-94 expired 9months ago

--- You are accumulating illegal presence. Therefore, to avoid 10 yr bar, leave US asap. You could aleady be facing 3 yr bar.

3) Right now my status is legal or illegal with expiration of I-94 and H1B visa but the valid H1B papers till May 2008

-- Illegal. The I-797 does not matter - it is your I-94 that dictates the status and the period of your authorized stay.

4) Can I stay with expired I-94,visa and with valid H1B papers

-- NO

5) My current employer requested lawyer to apply
nunc pro tunc motion
in premium processing to get I-94 from INS.Will that solve my problem.

-- Wish you good luck. Hope the lawyers are successful.
 
Thanks for your reply and let me know if anyone aware of this issue.Please reply to my thread immedaitely.
 
Guys,

One good news from myside.I got the valid new I-94 with I-797 in "nunc pro trunc" premium processing so my suggestion is don't leave USA without solving the problem.Everyone can solve the problem depends on the delay in amendment(before 3months) and nunc pro trunc(before 1 year).

If you have any questions send me private messages so that I can contact you.

Thanks to you all
 
contact

Hello Coolguy..

I am also facing a similar situation..It would be helpful if you could explain the process you went through to get a valid I-94. How do I send a private message to you?

Thanks
 
Even though your H1B approval is still valid, you are illegally present for over a year baseed on your authorized stay granted by the I-94 and are both deportable and banned for 10 years from reentry into the US. Leave immediately! You risk detention in a ICE facility due to your violation of US law.
 
You must log in or register to reply here.
Top