santasingh
Registered Users (C)
Dear friends,
I started my H-1B employment on 8/01/05 and my initial I-94 along with the approval notice shows date of validity from 8/1/05 to 6/30/08.
I want to my home country in 4/06 and at that time on arrival I was given anew I-94 with date up to 9/3/07, which corresponded with the expiry of my passport.
I renewed my passport on 4/07 and went back to CBP deferred inspection site asking for correction of my I-94. At that time the CBP officer told me that I do not need a new I-94 as the one attached to my original I-797 H-1B approval notice still showed that dates up to 6/30/08.
Recently when I tried to file for H-b extension, I was told by my attorney that I have been out of status from 9/3/07. During this whole period I have stayed with the same employer. Any way we filed for H-1b extension explaining the situation to USCIS in cover letter.
I finally got the extension on 6/4/08, but the I-94 attached to the extension notice starts from 6/4/08 onwards.
I have filed for green card and have an approved I-140. I am worried about the period between 9/3/07 to 6/4/08. I am worried whether this gap will cause any trouble with I-485 approval.
I consulted two well known attorneys on this matter with each having a different opinion.
First attorney told me that I need not to worry as there is no gap, because I have the original I-797 which has a I-94 attached from 8/1/05 to 6/30/08 and then I have a new H-1B extension notice with I-94 from 6/4o8 onwards.
The second attorney is of the opinion that, If I do not get the date backdated on new I-94, then my status from 9/3/07 to 6/3/08 is open to question in the future,
If I ask to have the date backdated USCIS, they may simply refuse to do so. Or, they may decide that the extension should not have been granted and if it does, I would be looking at having to leave the US, being ineligible to return for 3 years and possibly losing my new H-1B employment and green card employer.
I am really confused now as to what to do. Kindly advice.
I started my H-1B employment on 8/01/05 and my initial I-94 along with the approval notice shows date of validity from 8/1/05 to 6/30/08.
I want to my home country in 4/06 and at that time on arrival I was given anew I-94 with date up to 9/3/07, which corresponded with the expiry of my passport.
I renewed my passport on 4/07 and went back to CBP deferred inspection site asking for correction of my I-94. At that time the CBP officer told me that I do not need a new I-94 as the one attached to my original I-797 H-1B approval notice still showed that dates up to 6/30/08.
Recently when I tried to file for H-b extension, I was told by my attorney that I have been out of status from 9/3/07. During this whole period I have stayed with the same employer. Any way we filed for H-1b extension explaining the situation to USCIS in cover letter.
I finally got the extension on 6/4/08, but the I-94 attached to the extension notice starts from 6/4/08 onwards.
I have filed for green card and have an approved I-140. I am worried about the period between 9/3/07 to 6/4/08. I am worried whether this gap will cause any trouble with I-485 approval.
I consulted two well known attorneys on this matter with each having a different opinion.
First attorney told me that I need not to worry as there is no gap, because I have the original I-797 which has a I-94 attached from 8/1/05 to 6/30/08 and then I have a new H-1B extension notice with I-94 from 6/4o8 onwards.
The second attorney is of the opinion that, If I do not get the date backdated on new I-94, then my status from 9/3/07 to 6/3/08 is open to question in the future,
If I ask to have the date backdated USCIS, they may simply refuse to do so. Or, they may decide that the extension should not have been granted and if it does, I would be looking at having to leave the US, being ineligible to return for 3 years and possibly losing my new H-1B employment and green card employer.
I am really confused now as to what to do. Kindly advice.