i94 question...

[xaxis]

Got me i-140 approved last monday. I am in the process of getting papers for 485 and that\'s when i realized i may have problem with my i94.

Came to US - March 1998 and started working for company A.

Filed for h1 transfer with company B - Feb 2000.

Went to India - March 2000

While i was in india Company B received transfered h1&i94( Issue data March 31 - valid till 2003)

Re-entered US using company A\'s visa which was valid till July 2000.( That is the only one i had in my hand then).

Joined company B in May 2000 and they started GC.

Now i have two i94\'s
1. the i94 came with company B\'s h1 visa( Issued in march 2000 )
2. the i94 got from airport when i came back from India in April 2000.

Since the last i-94 i received is from airport using company A\'s visa and which was valid till July 2000 i may have been out of status since July 2000 ... before talking to my lawyer i like to get answers here.

anyone know if i am in status or not?

 

[245i_May]

Yes. You are definitely out of status. But don\'t worry.

I was in the same situation as you and suffered untold misery. At this point, you have 2 options.

1. Go out of the country and come back with a new I94.
   This option is very risky because if you are caught, then you will
   be subjected to a 10 year ban and you cannot enter this country
   for the next 10 years. I think this option is illegal too.

2. Apply under 245i. This is the safest option and it is leagal.
   
   I went with the second option and my GC got approved without any
   problems not even a rfe or interview. You can go through my previous posting titled \'Calling all 245i people\' under \'485 issues in Vermont service\'.

Good Luck