Out of Status / In Status - Help Please

M

mark_shetty

Registered Users (C)
I have been working in the US since 1998. I went to India in November

of 2002 and came back in January of 2003.

I had my Visa Stamp on my old company which was valid till July 2003.
My H1B Petition with them was also vaild till July 2003. My H1B

petition of the company where I was/am working is valid from July 2002

to April 2005.

I came back to the US on my Old Company Visa Stamp. I showed them the

Old Company Petition as well as my New Company Petition. The INS

officer at the Port of Entry (Los Angeles) entered the End Date of my

Old Company H1B Petition (July 2003) on the I-94 card by mistake

instead of entering the end date of my New Company H1B Petition (April

2005).

Today I wanted to apply for my Visa stamp extension and noticed that

my I-94 is expired. My friends are telling me that I am out of status

from July 2003.

Can you please let me know if I am really out of status though I have

a valid H1B petition till April 2005. If I am out of status what can I

do to retain my original status. Also is there any other way I could

renew my I-94 without leaving the country.

I am also applying for I-140 and I-485 through a third company. Will

the I-94 expiration cause me any problems.

Any kind of help/suggestion is highly appreciated.

regards,
Markand Shetty.
 
I have been working in the US since 1998. I went to India in November

of 2002 and came back in January of 2003.

I had my Visa Stamp on my old company which was valid till July 2003.
My H1B Petition with them was also vaild till July 2003. My H1B

petition of the company where I was/am working is valid from July 2002

to April 2005.

I came back to the US on my Old Company Visa Stamp. I showed them the

Old Company Petition as well as my New Company Petition. The INS

officer at the Port of Entry (Los Angeles) entered the End Date of my

Old Company H1B Petition (July 2003) on the I-94 card by mistake

instead of entering the end date of my New Company H1B Petition (April

2005).
--------------- The Inspector at POE did a mistake you should have been given I-94 till April 2005, if you noticed that mistake you should have pointed out or requested to see the supervisor

Today I wanted to apply for my Visa stamp extension and noticed that

my I-94 is expired. My friends are telling me that I am out of status

from July 2003
---------- Your friends are correct, because the latest I-94 govern the status and your latest I-94 was valid till July 2003
Can you please let me know if I am really out of status though I have

a valid H1B petition till April 2005. If I am out of status what can I

do to retain my original status. Also is there any other way I could

renew my I-94 without leaving the country.
----- you can go to local BCIS office and also seek the help of your lawyer
OR
------ If you are near to border of Canada or Mexico, go out and at entry ask for new I-94 when enter US, you need to speak with your lawyer to fix that problem, you can also file form I-102 with BCIS to correct the I-94 but it will take time, going to local BCIS office is better, you need to fix that problem
 
Hi! Ginnu,

Thanks for your reply.

I didnot notice the mistake till yesterday when I sat down to apply for my visa stamp extension.

I am not near the border and also my attorney told me that I cannot get my visa stamped in Canada as I am out of status and I have to go to my home country to get the visa and I-94. I don't want to do this because I cannot come back if my Visa is rejected in India due to this out of status problem.

I can go to the local BCIS office here in NJ but my only concern is will they cause me more problems by telling me that I am out of status and will they deport me right away or will the understand my problem and will change my I-94.

My attorney is not that helpful in this matter. He is telling that we will apply for the adjustment of status under the 180 days clause after expiration.

I am not able to understand what to do.

-Mark.
 
See thread "Revalidating I94"

Mark,

Your case looks similar to sdk_home's experience in the thread mentioned in my header. He has explained what he did in detail. Maybe that will help.
 
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