In status or out of status?

K

k001r

Registered Users (C)
hi all,

i am little worried. My visa expired on Mar 2003, though i had an approved petition till Oct 2003. My I94 term says valid till mar 2003.

Q1. Am i out of status.
Q2. How long can i legally wait before i can get my passport revalidated( because i heard of the 3 yr ban if you are out of status ) scares the shit cause i always try to get the paper work done and in place.

thx
 
Originally posted by k001r
hi all,

i am little worried. My visa expired on Mar 2003, though i had an approved petition till Oct 2003. My I94 term says valid till mar 2003.

Q1. Am i out of status.
Q2. How long can i legally wait before i can get my passport revalidated( because i heard of the 3 yr ban if you are out of status ) scares the shit cause i always try to get the paper work done and in place.

thx
Click to expand...

Your legal stay is governed by the I-94 date. If your I-94 expired in March 2003, you are out of status.
Usually the approval notice also has I-94 attached to it at the bottom. What does that I-94 say? Which was the last issued I-94- the one in your passport or the one that came with approval notice?
If you are out of status for 6 months, you come under 3 year bar.
 
originall i was with company A. The visa was valid till mar 2003.
I changed to company B. The petion was approved till oct 2003.
Since I changed companies i had not sent it for revalidation. and also the one that came with the approval notice says its valid till oct 2003.

the last issued i 94 was at the point of entry ie when i re-entered the country after a short holiday where the immigration officer stamped the i94 till mar 2003.


thx.
 
Did u enter US using ur unexpired visa (valid till mar 2003 ) after u got a H1 extension?

Which I-94 did u receive at last --
The I-94 with the H1 extension approval
OR
The I-94 at the port of entry

If the scenerio is:
1. U changed companies and got new H1 approval ( with I-94 till oct 2003 ).
2. Then u went out of US and entered US, which case u got a new POE I-94 till mar 2003
u are NOT IN STATUS now

On the other hand:
1. U entered US and got POE I-94 till mar 2003
2. Then u filed for extension and got I-94 till Oct 2003
u are in VALID status.
 
yes i entered using my unexpired visa. i had not applied for extension after i reentered. its more of the first scenario which u had mentioned..

Now what are my options. Do i have to leave the country immediately(so that i can go and get it stamped in India ) . How long do i have. Is it 6months from the date of expiry of i94?
 
Originally posted by k001r
originall i was with company A. The visa was valid till mar 2003.
I changed to company B. The petion was approved till oct 2003.
Since I changed companies i had not sent it for revalidation. and also the one that came with the approval notice says its valid till oct 2003.

the last issued i 94 was at the point of entry ie when i re-entered the country after a short holiday where the immigration officer stamped the i94 till mar 2003.


thx.
Click to expand...

You have not answered one important question. Was your latest entry into US BEFORE or AFTER approval of H1 for company B?
 
You have not answered one important question. Was your latest entry into US BEFORE or AFTER approval of H1 for company B?

>>>

It was after the approval of H1 for the new company. :confused:
 
U are out of status from mar 2003.
U have been out of status for the past 4 months.

If u exceed 6 months - u will be barred to enter US for 3 yrs.
So, u have to go out of US immidiately, get ur visa stamped and enter US.
 
I don't consider him as out of status as he has valid H1 till oct 2003.(His H1 will have I-94 )
Please consult your company lawyer before taking any steps.
 
Yes, his H1 will have a I-94.
But, he got a new I-94 at the POE, after he got the I-94 with the H1 renewal.
The last obtained I-94 is the one that is valid - in his case the last I-94 was from POE - which expired in mar 2003.
 
It's actually surprising that the H1 was approved. Usually, the BCIS (INS) would have forwared the approval to the concerned consulate, if the I-94 on the application was no longer valid.

Thanks,

alren
 
Alren,
He was not out of staus, when he filed for H extension.
So, he got a I-94 with the extension.
He entered US using his old H1 stamp - but he had new approved papers from BCIS .
As he entered using his old visa stamp - he got new I-94 at POE based on that stamp.
But, since his I-94 at the port of entry is the latest - which is expired - he is not in status now.
 
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