I94 validity/overstay

[seekb]

I've an old H1-B that expired on OCT 2005. I applied for an extension and in the mean time I made a trip to India. So my I-94 got changed and its expiry date is till 11 OCT 2005. My new I-94 that came with the I797 has a future date, but it was applied before I left the country. My questions are:

i) Since my old I-94 expired, should I consider myself as "OUT OF STATUS".
ii) Does my new I-94 attached with I797 has no significance in this case.
iii) I was trying to get an appointment to stamp either at CANADA/MEXICO, but could not get an appointment till now. Worst case do I have to travel to INDIA immediately and wait for an appointment there.

Any insight into this situation would be of help.

THanks !!

 

[ginnu]

I've an old H1-B that expired on OCT 2005. I applied for an extension and in the mean time I made a trip to India. So my I-94 got changed and its expiry date is till 11 OCT 2005.
------------ it will be till valid visa stamp and I think at that time you did not have H1 extension approval with you
My new I-94 that came with the I797 has a future date, but it was applied before I left the country.
------------ If you got your H1 approval extension approval AFTER you entered US after you visit then the attached I-94 with H1 approval is valid because that is the last action.
You should know last action

My questions are:

i) Since my old I-94 expired, should I consider myself as "OUT OF STATUS".
-read above
ii) Does my new I-94 attached with I797 has no significance in this case.
--------- if your H1 extension was approved AFTER your visit then the attached I-94 is valid
iii) I was trying to get an appointment to stamp either at CANADA/MEXICO, but could not get an appointment till now. Worst case do I have to travel to INDIA immediately and wait for an appointment there.

Any insight into this situation would be of help.

THanks !!