I-94 Question

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help_please

Registered Users (C)
HI All,
I have some questions regarding my I-94 and H1-B visa.

1. I have two I-94. One, I got with my H1-B visa extension in Oct.'03 which is valid till Nov. '06(until my H1B visa dates) and another one, I got when I came back from India in Dec. '03 which is valid till Nov. '04(my PP was expiring, so they gave me till then). Now my question is, which one should I use.

2. My GC is being processed in family category through my husband. So, in case if I overstay my I-94 date, will that create any problem in that process ?

3. Right now I'm out of project, but my company has not informed INS, but at the same time they are not giving me any pay stubs. And my H1B visa is valid till Nov. '06. So in this situation, If I plan to travel to India before my I-94 expires(Nov. '04), is it advisable ?

4. Should I transfer my H1 visa to another company ?? In this situation, does this process go smoothly ?

All your help is appreciated
 
help_please said:
HI All,
I have some questions regarding my I-94 and H1-B visa.

1. I have two I-94. One, I got with my H1-B visa extension in Oct.'03 which is valid till Nov. '06(until my H1B visa dates) and another one, I got when I came back from India in Dec. '03 which is valid till Nov. '04(my PP was expiring, so they gave me till then). Now my question is, which one should I use.
--- the one came with extension overruled irrespective of the dates


2. My GC is being processed in family category through my husband. So, in case if I overstay my I-94 date, will that create any problem in that process ?
yes. if you have filed your i485 based on your husbands gc then you may be fine. its better to extend the h1 or file h4 change of status based on your husband h1 if applicable.

3. Right now I'm out of project, but my company has not informed INS, but at the same time they are not giving me any pay stubs. And my H1B visa is valid till Nov. '06. So in this situation, If I plan to travel to India before my I-94 expires(Nov. '04), is it advisable ?
--- your employer is legally required to pay you irrespective of whether you were in project or not. if you dont get your paycheck you are not maintaining your h1 status properly. if complained to dol they will recover your wages. if found guilty your employer will be debarred from filing h1 or any immigration petition with uscis for upto 1 year. you may travel and comeback as long as your h1 is valid. but you may have problem if poe officer request you to produce recent paystubs or employment letter from your employer

4. Should I transfer my H1 visa to another company ?? In this situation, does this process go smoothly ?
you can transfer h1 to another company. uscis request for recent paystubs. you may various issue if you have any missing paystubs.

All your help is appreciated.
Click to expand...
 
1. I have two I-94. One, I got with my H1-B visa extension in Oct.'03 which is valid till Nov. '06(until my H1B visa dates) and another one, I got when I came back from India in Dec. '03 which is valid till Nov. '04(my PP was expiring, so they gave me till then). Now my question is, which one should I use.
--- the one came with extension overruled irrespective of the dates

*** It overrules even though I have the later I-94 from my India trip ?

2. My GC is being processed in family category through my husband. So, in case if I overstay my I-94 date, will that create any problem in that process ?
yes. if you have filed your i485 based on your husbands gc then you may be fine. its better to extend the h1 or file h4 change of status based on your husband h1 if applicable.

*** He is not on H1 visa. He came here on his family GC.
3. Right now I'm out of project, but my company has not informed INS, but at the same time they are not giving me any pay stubs. And my H1B visa is valid till Nov. '06. So in this situation, If I plan to travel to India before my I-94 expires(Nov. '04), is it advisable ?
--- your employer is legally required to pay you irrespective of whether you were in project or not. if you dont get your paycheck you are not maintaining your h1 status properly. if complained to dol they will recover your wages. if found guilty your employer will be debarred from filing h1 or any immigration petition with uscis for upto 1 year. you may travel and comeback as long as your h1 is valid. but you may have problem if poe officer request you to produce recent paystubs or employment letter from your employer


4. Should I transfer my H1 visa to another company ?? In this situation, does this process go smoothly ?
you can transfer h1 to another company. uscis request for recent paystubs. you may various issue if you have any missing paystubs.


Thank you for all your help.
 
well i thinmk that Ginnu meant that the extension I-94 has been overruled by the India trip I-94.

as the last I-94 (in ur case india trip one) is the one that holds.
 
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