I-94 confusion - Please Help

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FloridaGC

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I-94 confusion - Solved!!

Working for Company A on H1B.
Applied for H1B transfer with Company B.
Travelled outside the US on H1B for Company A.
May 28 - INS approved H1B transfer to Company B and issued I-94.
June 2 - Upon Re-entry I-94 issued based on H1B for Company A.
June XX - Received approved H1B in mail.

I am currently working for Company B. However the company A I-94 expiry date was Apr 30, 2002. Company B I-94 expiry date is in the future.

Am I out of status? Is there a way to fix this situation?

Please help!!!
 
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Originally posted by FloridaGC
Working for Company A on H1B.
Applied for H1B transfer with Company B.
Travelled outside the US on H1B for Company A.
May 28 - INS approved H1B transfer to Company B and issued I-94.
June 2 - Upon Re-entry I-94 issued based on H1B for Company A.
June XX - Received approved H1B in mail.

I am currently working for Company B. However the company A I-94 expiry date was Apr 30, 2002. Company B I-94 expiry date is in the future.

Am I out of status? Is there a way to fix this situation?

Please help!!!
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The last issued I-94 prevails. In your case the I-94 issued on June 2 will have your authorized period of stay, not the one issued earlier for company B. Looks like you are possibly out of status. Talk to a good lawyer ASAP!

There might also be consequences of travelling while your H1 extension application is pending. I am not sure what they are.
 
Working for Company A on H1B.
Applied for H1B transfer with Company B.
Traveled outside the US on H1B for Company A.
May 28 - INS approved H1B transfer to Company B and issued I-94.
June 2 - Upon Re-entry I-94 issued based on H1B for Company A.
June XX - Received approved H1B in mail.

I am currently working for Company B. However the company A I-94 expiry date was Apr 30, 2002. Company B I-94 expiry date is in the future.

Am I out of status?
----- Yes, you are out of status, as your H1B for company B was approved while you were out of US. The I-94 that you got on June 2 at POE was valid till Apr 30, 2002. If the H1B would have been approved/ transferred by BCIS while you are IN us that would have been valid. You are out of status and staying Illegal from Apr 30, 2002. Leave US and submit your newI-94 (that came with B H1) and old I-94 both stapled to Airlines, get H1b visa based on company B H1 and renter US and get newI-94. If your illegals stay becomes more than 180 days 3 years bar starts. Your work after Apr 30, 2002 was also unauthorized, as you did not have legal status to stay and work.
Is there a way to fix this situation?
-----Immediately contact good immigration lawyer.
 
NUNC PRO TUNC

My attroney filed for a so called retroactive extension (H1) going back to the date the Company A's I-94 expired explaining the reasons why I ended up in this mess. This procedure is called nunc pro tunc (french).

Anyway, the good news is that BCIS approved my extension from the date my I-94 expired (i.e April X, 2002) and made my stay legal. So I do not have to leave the country and come back or any of that.

Thanks
 
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