Guys,
1, She was in US with ABC company's visa when she filed for her H1B transfer.After applying for the visa she left the country for our marriage.
2, While she was in India her H1B petition was approved.
3, We came back to US with ABC company's visa. I94 issued till May 0'1
4, Then we received her new H1B papers with valid I94.(We didn't realize
that I94 number's are not the same because it was applied before she left
the country). We were under impression that the new I94(with validity upto
sep'03) supersedes the one given at the port of entry(obviously we were
wrong).
5, Then using these new papers we sent the passport for visa stamping and it
was issued on the passport I guess after the expiration of the I94 issued at
the port of entry.
6, Since we never realized that there was an issue with I94, when we applied
for H1B extension it's applied as if it was an extension of old I94(the one
which came with the new company's initial approval). Unfortunately even the
attorney didn't notice that( or never mentioned us about the issue).
7, During the process of her H1B extension there was a RFE requesting the
detailed dates of her stay in US with addresses(they wanted to know whether
she already finished her 6 years of stay in US). At that time we gave all
the dates and the photocopies of all visas and I-94's. Then it was approved.
8, Now there is an RFE on her I-485 application requesting to explain how she could have been in legal status from the time her old I94 expired(may 01) to the time when she got her H1B extended(sep 03).
Regards,
crk321
1, She was in US with ABC company's visa when she filed for her H1B transfer.After applying for the visa she left the country for our marriage.
2, While she was in India her H1B petition was approved.
3, We came back to US with ABC company's visa. I94 issued till May 0'1
4, Then we received her new H1B papers with valid I94.(We didn't realize
that I94 number's are not the same because it was applied before she left
the country). We were under impression that the new I94(with validity upto
sep'03) supersedes the one given at the port of entry(obviously we were
wrong).
5, Then using these new papers we sent the passport for visa stamping and it
was issued on the passport I guess after the expiration of the I94 issued at
the port of entry.
6, Since we never realized that there was an issue with I94, when we applied
for H1B extension it's applied as if it was an extension of old I94(the one
which came with the new company's initial approval). Unfortunately even the
attorney didn't notice that( or never mentioned us about the issue).
7, During the process of her H1B extension there was a RFE requesting the
detailed dates of her stay in US with addresses(they wanted to know whether
she already finished her 6 years of stay in US). At that time we gave all
the dates and the photocopies of all visas and I-94's. Then it was approved.
8, Now there is an RFE on her I-485 application requesting to explain how she could have been in legal status from the time her old I94 expired(may 01) to the time when she got her H1B extended(sep 03).
Regards,
crk321