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)
:confused: Please let me know if anyone knows any other ways and suggestions immediately:mad:

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
 
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coolguy0201 said:
:confused: Please let me know if anyone knows any other ways and suggestions immediately:mad:

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? YES, 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. YES3) Right now my status is legal or illegal with expiration of I-94 and H1B visa but the valid H1B papers till May 2008. I- 94 only gives you a status, not H1b approval notice.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. If you get an I-94, then you are OK. Cross your fingure. It seems to be your attorney's ignorance of not ticking the correct box in the H1 application form also not checking the approved notice for renewal of statusWill that solve my problem.

Please advice me.

Thanks
Click to expand...
 
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
 
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