I-94 question Help please

K

kartoos

Registered Users (C)
Hi

I have applied for my I-140. Here is my dilemma. I had H-1 from my old comapny and my I-94 with that company. Then I switched over to another company and got my H-1 transferred to the new company. I got an I-94 card with my H-1 transfer attached to my new H-1 with a LIN number on I-94.
I want to know if the I-94 valid and till what time as the I-94 does'nt have date on it except a LIN number. My old H-1 visa and I-94 got through that H-1 on entry to US expired on may 15th 2003. But I did a visa revalidation with new H-1. I now have a I-94 that came with new H-1. Am I out of status or am I ok.

Thanks
 
I have applied for my I-140.
Here is my dilemma. I had H-1 from my old company and my I-94 with that company.
Then I switched over to another company and got my H-1 transferred to the new company.
I got an I-94 card with my H-1 transfer attached to my new H-1 with a LIN number on I-94.
I want to know if the I-94 valid and till what time as the I-94 doesn’t have date on it except a LIN number.
-------- When you got H1transfer you got I-94 attached with it lower part and on right side lower part is your I-94 and it has Lin# with that LIN # they know till what time your I-94 is valid and Left part has the date till you have your I-94 valid
My old H-1 visa and I-94 got through that H-1 on entry to US expired on May 15th 2003.
-------- Did not understand what you are trying to say write in detail
But I did a visa revalidation with new H-1. I now have an I-94 that came with new H-1.
----- If I am not wrong you got H1 transfer and got I-94 extended and was attached to that H1 approval notice and then you went out of US and while entering US you got new white I-94, if that is true then you have white I-94 if it is still valid then you are in status if you have expired I-94 your stay in US is illegal. It is the latest I-94 that govern your status
 
I-94 Question

Yes my lawyer confirmed that I am indeed out of status. I am going to apply for H1-Ext and see what happens. Will this affect my Consular processing.
 
I-94 Dilemma

Thanks for your reply Ginnu. Let me try to explain the situation again.

I had a H-1 from Company A and it was valid till May 2003.

I moved over to a new company B in July of 2001 and they filesd for H-1 transfer. WIth that new H-1 I got a I-94 which says it is valid till March 2004.


After getting H-1 transfer I visited India during the month of November 2001. When I came back at my POE I showed both my H-1 papers to the immigration officer. At that point my passport had visa from my old company on it. He gave me a I-94 and asked to write the old company name on I-94 card and that I-94 was valid till May 2003.

But my Company B H-1 visa is valid till Feb 2004 and same with the I-94 card that came with it.

Here are my questions?

Am I out of status?

If yes can I fix this situation by going to local BCIS office.

My lawyer suggested going through a process called nunc pro tunc' extension. What are the odds of that getting approved.


Thanks a lot for your time.
 
Thanks for your reply Ginnu. Let me try to explain the situation again.

I had a H-1 from Company A and it was valid till May 2003.

I moved over to a new company B in July of 2001 and they filed for H-1 transfer. With that new H-1 I got a I-94 which says it is valid till March 2004.


After getting H-1 transfer I visited India during the month of November 2001. When I came back at my POE I showed both my H-1 papers to the immigration officer. At that point my passport had visa from my old company on it. He gave me a I-94 and asked to write the old company name on I-94 card and that I-94 was valid till May 2003.
------------ You had the H1 visa stamp valid till May 2003(based on previous company) and your new H1 approval that you showed to POE Inspector was valid till March 2004. If you showed the passport visa and new H1 approval the POE inspectors should have given you an I-94 till the validity of your new H1 (march 2004). The Inspector at POE did a mistake. Go to Local BCIS office and explain the situation they will correct the I-94 and you may get I-94 till 2004, it happened with my one friend at the Newark Airport and he went to Newark airport and they corrected his I-94, if you have your POE near to you then try to do that and meet the supervisor. If you showed only passport visa at POE and not H1 approval with passport visa then it was your mistake.

But my Company B H-1 visa is valid till Feb 2004 and same with the I-94 card that came with it.
---- I am confused how you have that I-94 still with you that came with new H1 extension or H1transfer? You visited India after h1 approval notice and you were supposed to surrender all your I-94 when you depart US
Here are my questions?

Am I out of status?

If yes can I fix this situation by going to local BCIS office?
--- YES
my lawyer suggested going through a process called nunc pro tunc' extension. What are the odds of that getting approved?
----Ask him the explanation I hope this is legal term and is used consider filed now or something

Thanks a lot for your time.
 
I-94 Dilemma

Yeah when I went to India they only took my I-94 attached to the passport and did nothing with the I-94 still attached to my H1 paper..

Is that my mistake or their mistake?

I will go to BCIS and talk about this. Let's say they give me a new I-94 then will my past 3 months be considered out of status?. I am asking as I am planning to go for Consular processing for my GC.

Thanks a lot I really aprreciate your opinin in this matter.
 
Yeah when I went to India they only took my I-94 attached to the passport and did nothing with the I-94 still attached to my H1 paper..

Is that my mistake or their mistake?
---- Your mistake, you should have surrendered both the I-94 at airline counter attached with a pin. Do you think they get dreams that you have other I-94 attached with your approval notice? Once you got H1 and new I-94 attached with approval new I-94 is supposed to be in your passport, why did not you detach and stapled it to your passport? Airline counter collect the I-94 and then it is passed to BCIS officials and data is entered in BCIS computer when you departed.

I will go to BCIS and talk about this. Let's say they give me a new I-94 then will my past 3 months be considered out of status? I am asking as I am planning to go for Consular processing for my GC.
--- If they find it is mistake of POE inspector then may correct it or follow the advice of your lawyer I think you can also file some Form with BCIS to correct the I-94 I don’t remember the form i think it is I-102 you have to pay the fees to BCIS, your lawyer will help you. Fix that I-94 problem.
 
Last edited by a moderator:
You must log in or register to reply here.
Top