I-94 issue

C

chander

Registered Users (C)
Hi gurus,
         Recently i have sent my 485 documents to my attorney,
today morning i got a call from him on my I-94 validity.
I came to US in March 1998 and my visa was valid until Nov 2000.
some time in Oct 1999 my company filled H1 extention and it got approved.
I went to India in Mar 2000 and came back on Apr 4th 2000, at the port of entry
they have seen my passport and issued I-94 valid until Nov 2000 based on my Visa.

I have sent my new H1 ext for re-validation in Oct 2000 because my old one expires in Nov 2000.
What is the point in showing New H1 papers when my old H1 is valid until Nov 2000 at the port of entry
when they did not even asked.
My attorney says i have expired I-94, even though i have expired I-94 i have valid H1 and which
is been re-validated.
It doesn\'t make sense to me why is botherd about date on I-94.

response is appriciated
 
Gking

i got my new H1 extention in Feb 2000 which is valid until Oct 2002. But i think when i went to india in march 2000 and came back in Apr 2000 i did not show my new H1 papers. based on my old H1 i got the I-94 valid until Nov 2000. When you have already old H1 visa valid until Nov 2000 do we need to show new H1 papers .

Thanks for the response
 
but u may be having I-94 with H1b extension, that will be the real proof after ur previous expires.

so, see ur extensions action of notice.
 
H1 & I-94 issue

Hi,

I have applied for my 1-140 in Nebraska, it will be approved by march 2002. My H1 & I-94 expires 0n May 1st 2002. My company has applied for the extension of H1. but It will take atleast 6 months to get the H1 approved. Meantime can I apply for I-485 with the H1 pending for extension?. Help Please.
 
Chander and bratsav

Chander: I94 is the absolute document of validity of your status here in US. You have expired I94. You have to go out and come back quickly (maybe a visit to bahamas or canada) and get a new I94 . It was your fault that you did not show the new H1. Do not shift blame and get a valid I94.

Bratsav: You can apply I485 with the existing I94. No problem. Does not hurt. I485 (adjustment ) and H1 extensions are different petitions. But If I were you I would apply for EAD/AP along with I485 and wait for the I485 receipt before applying for H1 extension. If premium processing is warranted do it. Consult your attorney, even if the attorney gives bad advice, he/she will try to save you when you are in a soup. The Armchair pundits here will not.
 
Thanks a lot Jaxen but I have 1 more Question.

In the worst case if my 1-140 doesn\'t get cleared by May 1 2002 at which point my H1 & I-94 expires with pending application for H1 extension with the INS, Can I still go ahead & file my 485+EAD/AP? Pl help.
 
H1 & I -94 pl help

I have applied for I-140 with nebraska & it\'s expected to be cleared by march end 2002. My h1 & i 94 expires on may 1 2002 my company has applied for h1 extension recently. In the worst case if my 1-140 doesn\'t get cleared by May 1 2002 at which point my H1 & I-94 expires with pending application for H1 extension with the INS, Can I still go ahead & file my 485+EAD/AP? Pl help.
 
Thanks Gking, I read all your postings on I-140.

I am into this situation because of the random processing policies of Texas. All my friends cases are approved but I am still waiting.
 
No Title

Hi GKing
I have a similar case. I applied for my I-485 on 11/00.My H1 valid till 2003. I went out of US and came back on 3/01 and agian on 7/01 both time INS officer gave me a 1-94 based on the expiration date of the Visa stamp on my passport which was 10/22/01. I told my lawyer about my situation and she said that I am fine since I already applied for the 485 and my status is H1 / Adjustment applicant and also my H1 is valid till 2003. But I asked her to apply for my EAD any way. She applied for the EAD RD 9/4/01 and ND 9/22/01. But the EAD got approved on 12/01.Was it problem. Then I received a RFE that I document that I was present in the US with out break in the status.
 
Visa Stamp Vs. I-94 Validity

I-94 shows your status validty. If the date expires u will be out of status. It does not depend on the Visa stamp date. If u applied ur labor certification b4 april 15, 2000, u will be able to adjust ur status by paying $1000 penalty under 245(i).
 
I-94

On my new H1 receipt date is Dec 1 1999 and Notice date is Feb 18 2000.
It says H1 valid from Feb 18, 2000 to Oct 24 2002.

what if i wouldn\'t have received my new H1 papers when traveled on March 16, 2000.
still i need to pay penalty or if i my attorney write any letter will it solve the problem.

i don\'t remember whether i received my new H1 papers before March 16, 2000 or not.
according to my wife we got the new H1 papers after we came back from the vacation.
but my attorney says they mailed the papers on March 1 2000.

What is the best solution your input will be appreciated.

Thanks
   Chander
 
Feb 18 is the I94 date of H1 approval...

Whether you received it only in march 2000 or in march 2001.
 
Gking

Thanks for all your help, my last port of entry was Atlanta which
is 6 hours drive where i live. it\'s been more than 2 years since they have issued my current I-94. Do you think if i go there will they issue new I-94.
 
DON\'T WORRY Chander

Chander, first let me tell you that I was exactly in the same situation as u almost an year ago. I posted a discussion on Feb. 10th titled \'Calling all 245i people\' under \'485 issues in Vermont Service\'. You can search the site and go through that discussion. I was so worried about my case that time. But believe it or not my case was APPROVED(on Mar. 5 2002, got passport stamped on Mar.15th) without an RFE or transfer when I was expecting a definite transfer. That time many people suggested that I go out of the country to get a new I94. But personally that was the last thing I wanted to do. All I did was filed under 245i by paying $1000 fine and sending a letter to VSC explaining clearly my situation saying that I never intentionally did anything wrong. I applied only for EAD(no AP because as I said earlier I never intended to travel outside U.S. knowing that I was out of status). If you have any questions or need any help, I\'ll be glad to assist you.

Here are my details:
PD : 10/99
RD : 05/22/2001
ND : 08/01/2001
EAC : 01-236-xxxxx
EAD Approval: 08/12/2001
FP : 11/08/2001
AD : 03/05/2002
State : CT
 
i94 problem...

I have done the same mistake you did by going to india for marriage after filing for h1 transfer and re-entered with old visa and never extended the i94 i got from air-port. Please send an e-mail at joyv@hotmail.com, i really need your advice.
 
Thanks 245i-may, after hearing your case i felt little relief.
if you don\'t mind can you give me your email-id or phone number
so that i can talk to you.

Thanks
   Chander
 
LC or 140 should be filed before 4/30/2001

If you filed your LC or 140 before 4/30/2001 then you are eligible to file under 245i.
 
No Title

Hi chander
I just corrected my I-94 through the Atlnata INS office after 6 months.
INS office stamped " extension granted until 1/1/2003" on the back of the existing I-94 ( which INS officer mistakenly put my visa expiration date not the H1 expiration date).
i went thorugh a lawyer his name is Charles Cuck. it took him only one day to correct it. I just had to send my passport ,the current I-94 and ,the H1 approval notice.
 
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