I94 and i797 question

[ilovemyself]

Guys, 

I have my H1b until 31dec2017 and i94 online until 01apr2017 because my old passport expiry date was 01apr2017. However i94 expiry date in i797 last page is 31dec2017. Now I got my new passport and started my H1b extension on July 1st 2017, which is 6 months before i797 expiry. 

Question: Which i94 is valid! Online i94 or i94 on i797 last page!

Am I out of status from 01apr2017 even though I have i797 until 31dec2017!

lawyer said, I should have started my H1b extension before 01apr2017 as i94 is expired.

 

 

 

 

[chingchang]

Did you travel out of country after you H1 was approved ? Nuvvu out of country velli venakki vachinappudu passport validity batti kontha mandi nee I94 istaru.. if thats the case, your I94 already expired. 

[nightcrawler]

question clear ga ledhu,out of status em undadhu , 

apply extension that s only option you have, and what wil be next steps

[ilovemyself]

13 minutes ago, chingchang said:

Did you travel out of country after you H1 was approved ? Nuvvu out of country velli venakki vachinappudu passport validity batti kontha mandi nee I94 istaru.. if thats the case, your I94 already expired. 

Correct. Passport validity based i94 only 1apr2017 echadu. Lawyer is saying I am out of status from 1apr2017 even though I have valid i797 until 31dec2017..

 

 

[ilovemyself]

10 minutes ago, nightcrawler said:

question clear ga ledhu,out of status em undadhu , 

apply extension that s only option you have, and what wil be next steps

Yes applying extension is my only option. But how come I'm out of status from 01apr2017 even though I have valid i797 until 31dec2017. Lawyer said I should have applied H1b extension prior to i94 approval. E logic ento nakaithe arthamkavatle 😞

[tony12345]

I'm in the same boat almost .. yes, ade out of status avuthadi as I94 has expired. you should have go out of country or apply for amendment/extension or apply for I539. In my case I have applied amendment couple of months back. wait chestunna inka.

[ilovemyself]

Amendment is only when you change the client. I don't understand how i94 determines status! I thought it should be based on i797. 

For example, if a H1b holder never travelled out of country and get h1 extension few times after initial H1b. Would you say, the person is out of status after his first h1b because he never reentered and updated i94. Can we talk bro! 

[tony12345]

Right, I changed client and filed amendment. I797 is approval copy of you work .. I94 is valid stay untundi.

if you get receipt number before your H1B expires, you are good if you I94 is expired. 

[ilakatamaflia]

Nee i797 copy lo kindha i94 attach chesi untadhi and expiry dt 12/2017 unte ur good to stay in usa and ur not out of status ! ...

chusko

[ilakatamaflia]

2 minutes ago, ilakatamaflia said:

Nee i797 copy lo kindha i94 attach chesi untadhi and expiry dt 12/2017 unte ur good to stay in usa and ur not out of status ! ...

chusko

[Pori]

8 minutes ago, ilakatamaflia said:

Nee i797 copy lo kindha i94 attach chesi untadhi and expiry dt 12/2017 unte ur good to stay in usa and ur not out of status ! ...

chusko

+1

[Mitron]

1 hour ago, ilovemyself said:

Guys, 

I have my H1b until 31dec2017 and i94 online until 01apr2017 because my old passport expiry date was 01apr2017. However i94 expiry date in i797 last page is 31dec2017. Now I got my new passport and started my H1b extension on July 1st 2017, which is 6 months before i797 expiry. 

Question: Which i94 is valid! Online i94 or i94 on i797 last page!

Am I out of status from 01apr2017 even though I have i797 until 31dec2017!

lawyer said, I should have started my H1b extension before 01apr2017 as i94 is expired.

 

 

 

 

Out of status avutavu.

 

[Mitron]

52 minutes ago, ilakatamaflia said:

Nee i797 copy lo kindha i94 attach chesi untadhi and expiry dt 12/2017 unte ur good to stay in usa and ur not out of status ! ...

chusko

 

43 minutes ago, Pori said:

+1

I797 vachina taruvata out of country velli vaste new i94 online lo vastadi.

Then that's the valid i94. I797 lo i94 invalid.

If you haven't traveled out of US after getting new 🆕i797 then i94 attached to i797 is valid one.

I hope you understand.

@ilovemyself nee situation check chesko

[chapstick]

2 hours ago, ilovemyself said:

Yes applying extension is my only option. But how come I'm out of status from 01apr2017 even though I have valid i797 until 31dec2017. Lawyer said I should have applied H1b extension prior to i94 approval. E logic ento nakaithe arthamkavatle 😞

Logic endi ante since ur i94 has already expired(which showing online). After expiry you applied for extention so you won't get i-94 now . You need to go for stamping if your case got approved ..

[sattipandu]

3 hours ago, ilovemyself said:

Guys, 

I have my H1b until 31dec2017 and i94 online until 01apr2017 because my old passport expiry date was 01apr2017. However i94 expiry date in i797 last page is 31dec2017. Now I got my new passport and started my H1b extension on July 1st 2017, which is 6 months before i797 expiry. 

Question: Which i94 is valid! Online i94 or i94 on i797 last page!

Am I out of status from 01apr2017 even though I have i797 until 31dec2017!

lawyer said, I should have started my H1b extension before 01apr2017 as i94 is expired.

 

 

 

 

looks like u have travelled outside the country after recieiving the latest h1b ext and when u came  back the i-94 was issued only till 1st april , its the CBP mistake that they didnot give you an I-94 that should have been valid till 31st Dec

in such case , ur out of status now, try calling ur local CBP office and explaining to them, in some cases they do rectify and issue a new I-94 end date.

CBP sometimes does rectify  this if you went just out of status but seeing it as u are out of status for 3 months , u may have to exit the country ASAP and enter again, only then a new I-94 will be issued at re-entry lasting till 31st Dec

ur lawyer is right , the last issued document is valid, i'm assuming in ur case the I-94 issued at airport customs is valid and ur out of status.

 

i know 3 frnds who had something similar happen to them, all of them had I-797's that were still valid  for another 3 months so they exited the country and re-entered.

only problem is if you dont have visa stamping you may have to get that done.

Your lawyer can provide documentation as to the misunderstanding in this case if visa officer needs any clarification on this.