I94 Expiary

[p3i2a1]

Hi

I got 7th year H1 Extension in Sept 2006 for one year valid till Dec 2007. I went on vacation in Oct 2006 and returned back at end of Oct 2006 with my old stamping. At POE officer gave me I94 valid till 3rd Jan 2007 (Till the expiry of my current H1) as I didn't show him the new I-94 because I was not aware. Now my labor is approved and when I send docs to attorney for 140 filing, my attorney is saying I am out of status because me recent I94 is expired and my visa stamped on passport is also expired. Even thpugh I have 7th year approval with valid I94 till end of Dec 2007, attorney is saying that recent I94 is considered. Attorney recommend me to go to Airport and talk to officer and get new I94.

Gurus I need your advice in this matter. I want to know all best possible options?

Thanks
p3i2a1

 

[immiq]

Do you mean you have two I-94s? You did not turn in your H-1B I-94 when left for vocation in Oct 2006?

 

[Jugunu64]

Your lawyer is correct in his assesment of your situation as well as the remedial action to be taken.

You should have given the officer at the POE the latest I-129. Basically your I-94 valid upto Jan-03 has overwritten your latest approval valid upto Dec-2007.

Go to the nearest port of entry and request the officer in Customs to correct the I-94. Do not argue with them that they made a mistake in giving a I-94 till Jan-03-2007 when they should have given you the validity till Dec-2007. If they ask, do tell them that it was a honest mistake on your part and they will issue you with a corrected I-94. Get all the necessary information for this from your lawyer in case you have to make this request in writing to the Customs officer.