hz4206 said:Is there any way I can determine before hand if I have been in the United States unlawfully. Would receiving the 2nd H-1 without getting it stamped on the passport cause any issues.
hz4206 said:Hello TheRealCanadian,
Inspection - I have always entered the US with inspection
I-94 - The i-94 card on my passport expired when my first H-1 expired, but I did receive the second H-1 which has the new I-94 card which has not expired.
Thanks
yeppo said:Hi RealCanadian,
If we are AOS pending once stamping on I94 expires are we out of status.
My I94 (h1) expired on 31st Oct and my 485 is pending since Sep 2003. Normally I would not worry but today I got the email saying RFE issued on my AP application for both self and spouse. I had applied after 31st October.
Rgds,
Yeppo
jllag1 said:In my opinion, you have been unlawfully present in US after 1/1/2004, as your authorized stay is governed by the date on your I-94. It is always your last I-94 that governs, whether you receive it at POE or from USCIS. Please contact your lawyer ASAP.
harvydonald said:The authorized stays is not always by the date on I-94
If you have a H1B approval that expires on 1/1/05 you are ok to stay in the country till 1/1/05.
You may not leave the country and re-enter unless you apply for a H1B visa outside the country.
jllag1 said:I beg to disagree. You can stay in the country until your approval IF AND ONLY IF you get a I-94 attached to your approval notice. Lot of people get approval notices without I-94. That means you need to depart and reenter US. Just having an approval notice does not give you any rights without I-94 (in our case here). Also, even if you receive I-94 with your approval notice, it is the LAST I-94 you receive that governs your stay. Somebody correct me if I am wrong.
jllag1 said:AOS pending gives you legal status to stay in the country until it get adjudicated. You are considered in "a period of authorized stay by the attorney general". Your question is unclear. Did you apply for AOS before your I94 expiry date or before?
yeppo said:I saw this post after awhile and am now worried as my I94 expired in October 04. However my AOS was filed in Sep03. Will there be any issues during stamping. Just got my approval and am going in Jan for stamping. I have not left the country since my I94 expired (have been working on EAD).
Rgds,
Yeppo