I797 without I94

E

elradi

Registered Users (C)
Hi,

When changing employers, my lawyer applied for the H1B and checked "Notify Office" instead of "extend" status. Because I was out of status for 2 months looking for a Job. so I got an I797 without a new I94.

This problem is now haunting me! My original I94 expires in May 31,2003, and H1B Visa stamp too.
My lawyer suggested I travel to canada and come back with a new I94 reflecting my extension. I did that but the immigration officer at the port of entry did not agree and said I have to do this at a local INS Office. Which the Lawyer said was wrong.

I don't want to travel for a new visa because there's that 60day security check now and I can't afford to stop work this long. what options do I have.

1) Can I reapply for another extension (H1B) with the same company to get a new I94 card? My I797 is till 5/2005 but my current I94 is till 5/2003. So can I apply for an extension w.r.t. the I94 expiration date? If so, 6 months before the I94 expriration?...

2) Would filing an I-102 fix the problem?

Any other input would be really appreciated... The last trip to canada cost me a lot of $$$ at no avail. Any help would be really appreciated!.
 
Although you can try to file 102, your only chance is traveling out and getting a new I94. Since you did not do this immediately after getting the new H1 approval there is a strong likelihood that most of the INS POE inspectors are going to give the same answer.
Filing another H1 extension will put you in the same spot as before . i.e. it is 99% likely that the new H1 will come without a I94 again.
My recommendation in the order of preference and safe practice
1. File I102 at local INS, District office or nearest POE
2.Try getting I94
3. Apply for a new H1 using premium processing before current I94 expiry and if new h1 approval comes without I94, go to a POE and try to get a new I94. Demand to see the supervisor.
4. Keep trying at different POEs (drive to canadian border, try in international airports) and 90 days before i94 expiry go to home country and wait out the new visa stamp.
 
Just an FYI:

I sent an I-102 to the Vermont Office and got a new I94 and approval notice in 3 weeks.

Thanks for the help
 
Thanks for coming back with your result. Most of the members who ask Qs do not post their experiences...
 
Amazing. I would never have said that was possible. Either INS made an error in your favor. Either that or the I-102 has more usefulness than I thought.

Can't argue with success though.
 
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