I94 Issue

[SPraveena]

Hi All,
I have a typical situation.
My husband’s H1 VISA expiry was in Oct 1st week 2009, however he has his latest work permit valid till Dec 2010. He visited India in Feb 2009 and returned in April 09. At his port of entry, though he showed his latest work permit he was issued I94 with the date in VISA (Oct 09). We were not aware that I94 issued latest holds valid.
I landed in US on Oct 16th 2009 on H4 and was issued I94 till Dec 23rd 2010(date in I94 of my husband’s latest work permit). I already have approved H1 petition when I was in India. After reaching US, I got the amendment of H4 to H1 and received the approved I797A in Jan 2nd week 2010. My husband’s I94 expired by the time I landed in US.
Now, my Qs are:
1. What is my current status (H4 or H1B)? If it is H4, is it valid because my husband’s I94 is expired? (But I have the valid I94 till Dec 2010)
2. How can my husband be issued a correct I94 till the date of his work permit?

 

[ginnu]

Hi All,
I have a typical situation.
My husband’s H1 VISA expiry was in Oct 1st week 2009, however he has his latest work permit valid till Dec 2010.
----------what kind of work permit? Do you mean he had latest H1 approval till Dec 2010?
He visited India in Feb 2009 and returned in April 09. At his port of entry, though he showed his latest work permit he was issued I94 with the date in VISA (Oct 09). We were not aware that I94 issued latest holds valid.
-------- If he had the latest H1 extension approval notice till December 2010 then at POE he was supposed to show valid Visa AND Latest H1 approval notice and officer was supposed to give I-94 till his Latest H1 extension approval notice. If it is error of officer the he can go to same POE and should go to deferred Inspection and they can correct the I-94
I landed in US on Oct 16th 2009 on H4 and was issued I94 till Dec 23rd 2010(date in I94 of my husband’s latest work permit).
I already have approved H1 petition when I was in India. After reaching US, I got the amendment of H4 to H1 and received the approved I797A in Jan 2nd week 2010.
---- you came to US on H4 status and filed H4 to H1 and if you got I-94 attached with your latest H1 approval then you are on H1 status according to your Latest I-94 that is attached with your latest H1 approval notice.
My husband’s I94 expired by the time I landed in US.
Now, my Qs are:
1. What is my current status (H4 or H1B)? If it is H4, is it valid because my husband’s I94 is expired? (But I have the valid I94 till Dec 2010)
----------------------you have posted that your latest approval is H1 from USCIS. if you have I-94 attached with H1 approval then you are on H12.
How can my husband be issued a correct I94 till the date of his work permit?
--------Read above. Go to same POE and can get his I-94 corrected. He should remember the date he came to US and should take his passport.[/B
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[SPraveena]

Thanks for your reply.

My husband's I94 issue is resoved. He went to CBP office and explained the situation. The officer has issued the corrected I94.
Also he stated that I will be on H1 status, as I got newly issued I94 attached with H1.