Visa,I-94 expired & have valid H1B papers but I-797 doesnot have I-94 attached.

[coolguy0201]

Please let me know if anyone knows any other ways and suggestions immediately

1) My visa and I-94 expired on July 2006 and I have valid H1B papers till May 2008 but I do not have attached I-94 on my current
I-797 papers.Few of my friends told me that you are
illegal with above situation and you have to go for stamping.Actually you have to get the valid I-94 before 6 months of the old I-94
expires otherwise 3 years bar,before 1 year 10years bar.Is that correct?
2) If so do I need to go for stamping within 3 months for valid I-94 because my I-94 expired 9months ago
3) Right now my status is legal or illegal with expiration of I-94 and H1B visa but the valid H1B papers till May 2008
4) Can I stay with expired I-94,visa and with valid H1B papers
5) My current employer requested lawyer to apply
nunc pro tunc motion
in premium processing to get I-94 from INS.Will that solve my problem.

Please advice me.

Thanks

 

[GotPR?]

You have been overstaying for 10 months and are not legally allowed to stay.

You need to have serious talk with lawyers before traveling for stamping.