I94 validity question. Please advise

[knk_hyd]

Hi,
I am in the the following situation. Please advise.

1. I am in my 7th year of H1b.

2. I went to India on some family matters on March 2nd 2007.

3. Since I didn't had the latest visa stamped, I went to Chennai consulate and got it stamped. The visa was issued till May 23rd 2007 (based on my 7th year approval notice).

4. I returned back on Mar 25th 2007 and at port of entry the I94 was issued till May 23rd 2007 (based on the visa stamp).

5. I had my 8 year extension pending with USCIS before I left for India.

6. My 8th year approval notice (1 year extension) was in my mail by the time I returned back. The approval has the notice date of Mar 19th 2007 with I94 valid from May 2007 to May 2008.

My attorney says that the "last action status" will be applicable here and will need to file a new petition to adjust my I94. Or else I will be out of status starting May 24th 2007,

He also advised another option to go out of the country. On my return back at the port of entry (JFK) I can present my 8th year approval and get a I94 till May 2008. Which will adjust my I94 automatically and we don't have to file any petition.

And also same applies for my wife (H4). But with an additional twist. i.e. NJ based IT consulting company has filed for H1B (H4->H1) yesterday (April 2nd). Not sure when this petition will be processed as its among 65K other petitions.


Are there any other options we have to adjust our I94 .
->Can we go to the nearest USCIS office (NYC) and get it done there?
->Drive to Canada border and get the new I94 valid to May 2008.


Will she have the any implications on her H1B petition with option 2. Please advise.



Some additional details
->Labor approved.
->I140 filed on Mar 9th 2007.


Regards.

 

[great guru]

until may 23, 2007 you are safe to go out of US and come back with new I 94 which will be valid upto 2008.
----------------------------------------------------

Hi,
I am in the the following situation. Please advise.

1. I am in my 7th year of H1b.

2. I went to India on some family matters on March 2nd 2007.

3. Since I didn't had the latest visa stamped, I went to Chennai consulate and got it stamped. The visa was issued till May 23rd 2007 (based on my 7th year approval notice).

4. I returned back on Mar 25th 2007 and at port of entry the I94 was issued till May 23rd 2007 (based on the visa stamp).

5. I had my 8 year extension pending with USCIS before I left for India.

6. My 8th year approval notice (1 year extension) was in my mail by the time I returned back. The approval has the notice date of Mar 19th 2007 with I94 valid from May 2007 to May 2008.

My attorney says that the "last action status" will be applicable here and will need to file a new petition to adjust my I94. Or else I will be out of status starting May 24th 2007,

He also advised another option to go out of the country. On my return back at the port of entry (JFK) I can present my 8th year approval and get a I94 till May 2008. Which will adjust my I94 automatically and we don't have to file any petition.

And also same applies for my wife (H4). But with an additional twist. i.e. NJ based IT consulting company has filed for H1B (H4->H1) yesterday (April 2nd). Not sure when this petition will be processed as its among 65K other petitions.


Are there any other options we have to adjust our I94 .
->Can we go to the nearest USCIS office (NYC) and get it done there?
->Drive to Canada border and get the new I94 valid to May 2008.


Will she have the any implications on her H1B petition with option 2. Please advise.



Some additional details
->Labor approved.
->I140 filed on Mar 9th 2007.


Regards.

 

[ginnu]

Hi,
I am in the the following situation. Please advise.

1. I am in my 7th year of H1b.

2. I went to India on some family matters on March 2nd 2007.

3. Since I didn't had the latest visa stamped, I went to Chennai consulate and got it stamped. The visa was issued till May 23rd 2007 (based on my 7th year approval notice).

4. I returned back on Mar 25th 2007 and at port of entry the I94 was issued till May 23rd 2007 (based on the visa stamp).

5. I had my 8 year extension pending with USCIS before I left for India.

6. My 8th year approval notice (1 year extension) was in my mail by the time I returned back. The approval has the notice date of Mar 19th 2007 with I94 valid from May 2007 to May 2008.

My attorney says that the "last action status" will be applicable here and will need to file a new petition to adjust my I94. Or else I will be out of status starting May 24th 2007,
-----------------lawyer is correct
He also advised another option to go out of the country. On my return back at the port of entry (JFK) I can present my 8th year approval and get a I94 till May 2008. Which will adjust my I94 automatically and we don't have to file any petition.
---------------- you can go to Canada or Mexico and when reenter show the H1 approval and get New I-94 based on H1 extension approval( you need to do that BEFORE your present I-94 expires)
And also same applies for my wife (H4). But with an additional twist. i.e. NJ based IT consulting company has filed for H1B (H4->H1) yesterday (April 2nd). Not sure when this petition will be processed as its among 65K other petitions.
--------------------------not sure if H4 to H1 will be approved USCIS has recieved about 15000 H1 petitions.

Are there any other options we have to adjust our I94 .
->Can we go to the nearest USCIS office (NYC) and get it done there?
---------------------NO
->Drive to Canada border and get the new I94 valid to May 2008.
--------------------------- Yes, you will need Canada visa and enter Canada and when return you will face US immigration and can get new I-94

Will she have the any implications on her H1B petition with option 2. Please advise.



Some additional details
->Labor approved.
->I140 filed on Mar 9th 2007.


Regards.

-----------------

 

[thinkusa]

Hi,
I am in the the following situation. Please advise.

1. I am in my 7th year of H1b.

2. I went to India on some family matters on March 2nd 2007.

3. Since I didn't had the latest visa stamped, I went to Chennai consulate and got it stamped. The visa was issued till May 23rd 2007 (based on my 7th year approval notice).

4. I returned back on Mar 25th 2007 and at port of entry the I94 was issued till May 23rd 2007 (based on the visa stamp).

5. I had my 8 year extension pending with USCIS before I left for India.

6. My 8th year approval notice (1 year extension) was in my mail by the time I returned back. The approval has the notice date of Mar 19th 2007 with I94 valid from May 2007 to May 2008.

My attorney says that the "last action status" will be applicable here and will need to file a new petition to adjust my I94. Or else I will be out of status starting May 24th 2007,

He also advised another option to go out of the country. On my return back at the port of entry (JFK) I can present my 8th year approval and get a I94 till May 2008. Which will adjust my I94 automatically and we don't have to file any petition.

And also same applies for my wife (H4). But with an additional twist. i.e. NJ based IT consulting company has filed for H1B (H4->H1) yesterday (April 2nd). Not sure when this petition will be processed as its among 65K other petitions.


Are there any other options we have to adjust our I94 .
->Can we go to the nearest USCIS office (NYC) and get it done there?
->Drive to Canada border and get the new I94 valid to May 2008.


Will she have the any implications on her H1B petition with option 2. Please advise.



Some additional details
->Labor approved.
->I140 filed on Mar 9th 2007.


Regards.

I think you can do it under automatic revalidation. Searach on this. Under automatic revalidation you can comeback in the US within 30 days. Earlier is much better.

This is just a suggestion. Not an advise. I am not attorney.
Thanks
ThinkUSA

 

[knk_hyd]

Thank you all for your replies.

One other question, do I need to surrender both my I94 issued at POE (expires May 23rd 2007) and the one in I797 approval(May 23rd 2008) when I leave the country. Or just the one issued at POE.


Thx

 

[ginnu]

Thank you all for your replies.

One other question, do I need to surrender both my I94 issued at POE (expires May 23rd 2007) and the one in I797 approval(May 23rd 2008) when I leave the country. Or just the one issued at POE.


Thx

when enter Canada you can give your all I-94 (BUT Canada immigration is not going to ask for it) when enter US get new I-94. go and come back Before your Visa stamp expires.
** keep the copy of ALL I-94 front and back for your records