RFE : LegalStatus. Gurus Need help

I had the same problem worked for company A for 1 year and changed my h1b to company B went to India while reentering I showed my company B h1b papers but has company A stamping on my passport so IO gave me I-94 according to my company A which was suppose to expire after 6 months, just before expire of I-94 I called lawyer asking about my status regarding my I-94 as, I also had the I-94 from company B h1b which has 2more years on it.

But lawyer told me that company B i-94 is not valid as which ever I-94 is latest is the valid(i.e company A ) and that date is taken in considaration, and she file new H1b application for company B next day it self.
 
Ultrajack,

That is what I was telling from the beginning. Post 9/11 era they are very strict with this and before they were not that strict with this rule.

Your lawyer is obsolutely right and saved you. My friend's lawyer told his otherway that he don't need another H1 since company B's H1 is valid and he can work for Copany B without reapplying for new H1.

He filed a law suit against the lawyer and he won the case. He had hard time finding lawyers to file a law suit against a lawyer but eventually he find one and he one the case. He saved all the evidence when he had contacted the attorney and that helped him to win the case even though his 485 got denied. any

That is why I suggested a legal advice if you get any RFE's related to this
 
In my case i sent my H1 along with I-94 for Stamping and got Stamped.
If my I-94 is not valid they will not do stamp for me right? Thye can say i have to go out of country and get stamped.
 
The story of I-94 and H1B approval notice is this....
Whenever one applies for H1B transfer notice, the current I-94 number is recorded and extended and given at the bottom of the H1B approval notice...with new extended expiry date

Due to this reason, lot of people - are told never to go to home country while an extension/transfer is pending....because when you leave USA and come back your I-94 number gets re-assigned by Customs/Border/Protection agency at the entry point.

Let's say, you have I-94 number 123 and you applied for H1B transfer and left to home country and came back....and then you submitted the i-94 number while leaving and got the new I-94 number 456, when you came back...but now suddently your H1B transfer notice got approved and USCIS gave you the extended I-94 card with the number 123. Suddently, you end up with two I-94 cards (123 and 456). What do you do? A guy in this forum had the same issue.....U know what he did?

he went to the nearest Customs/Border/Protection (CBP) agency office and mentioned this story and they corrected the I-94 with new expiry date from H1B .......SO EASY!
Funny thing, another friend of mine had the same issue and his lawyer advised going back to home country and getting stamped....man, did he waste so much money/time!!!

I-94 is the master document of your valid staus....all the other status notices (like H1B approval notices) try to keep this document in sync.....


ultrajack169 - the Immigration Officer (from CBP) did a mistake and your friend could have possibly gone to the CBP office and got it corrected....USCIS extended his H1B and I-94 (with Company B) to two additional years. Who the heck is the Immigration Officer to defy USCIS??
 
You are the master....

banta4gc,

YOU ARE 100% right, you have explained it clearely.This post will definitely help lot of people.

I have also gone through the similar situation but some how with GOD's graces I am done with this GC process.



Thanks
 
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SaiGrace, do u ahve any RFE on your case?
Is there any way i can come out of this issue?
Last 10 years i'm in USA, not sure how can i go back and begin from scratch.
Please help me.
 
sairao235,
No RFE,but I did almost same as you.In my last visit to home country I came with CompanyA h1 then I continued on CompanyB H1 after the expiration of Company-A I-94.At the time of reentry I have both CompanyA and companyB h1's with me.This is all happend before I filed my GC.I am not sure whether that makes any difference for not getting RFE in my case.But a GOOD attorney can handle your situation bcoz you tried to extend your I-94 at the time of stamping ,they can make this has a reason and ask USCIS to excuse for this unknowing mistake. I am sure you will win it.
Rest leave it to GOD,he will take care of it for sure.

GOOD LUCK
 
2 H1-B stamps

Hello all

My situation is different. I extended my H1-B visa before my current one expires in Oct 2007. Then I travelled outside the country and got the new visa stamp with the extended H1-B. So at the time of the entry, I had 2 H1-B stamps, one expiring in Oct 07 and 2nd one expiring in Oct 2010. Officer at the border control used the 1st one (Oct 07) and stamped my I-94 based on it. Does this make my second H1 void ???

I need your help ASAP.... Thanks in advance.

PS: I filed for I-485 on July 13th with the copy of the I-94 stamped with the expiration date of Oct 2007.
 
still confused...

sairao235, do you mean going to the port of entry and getting a new I-94 with the Oct 2010 expiration date stamped on it ??
 
OK, here is the update.
I went to the POE and the officer gave me a new I-94 valid thru 2010. Now my question is; my passport is expiring on January 2008. I raised the question to the officer if I-94 can be issued beyond the expiration date of the passport and he said yes and told me it is based on the H1-B stamp in my passport. I read that I-94 cannot exceed the expiry of the passport. What should I do ? I cannot go back to the same place since there is only 1 officer that corrects the mistakes at the BDL airport in CT. He is the one that gave me the I-94 valid thru 2010.

Any suggestions ???
 
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