H1B, H4 Visa

My I-94 expired on 28-May-2018, but I had a valid I-797 until 21-Aug-2019. I had to travel to India for an emergency on 20-Apr-2018. While returning to the USA, I did not get my visa stamped with the updated I-797 date. As a result, my I-94 was still updated to 28-May-2018. Unaware of this, I stayed in the USA until 22-Jun-2019 and exited as soon as I realized I had overstayed with an expired I-94. Later I continued to stay in home country for some personal reasons. Its been almost 5.6 yrs since i exited USA and now I am planning to travel back to USA.

Will there be a 10-year ban on my entry to the USA if I want to return? Please help me with the right answer so that I can plan my future accordingly.

Hi all,

I need help with my H1b situation. My company filed for H1B but did not file LCA (a small company and didn't contact an immigration lawyer while filing the petition). I received RFE with feb 21 as the deadline and it doesn't look like company is willing to respond to the RFE.

Following are my questions:
1. I am traveling to India on Jan 10th and returning back on March 15th, is it ok to travel while having an active h1b RFE? (I have valid STEM EAD till June 2026.)
2. By the time I come back to the US, I will probably get an H1b denial. What kind of questions can I expect while returning to the US?

With a expired visa can i travel to Canada and comeback within a week

I came to the U.S. on a student visa in August 2021. Unfortunately, in June 2022, I made a mistake and got a DUI (BAC 0.18). I pleaded guilty, and the charges were reduced to <0.14 BAC. I completed all court-ordered penalties, including a year of probation and a 16-week alcohol abuse course.

In February 2023, I was approved for OPT and applied for STEM OPT the following year. I was lucky to get selected in the 2023 H-1B second lottery, but my employer decided to file it under consular processing. The petition was sent to USCIS in November 2023.

In January 2024, I received an RFE and responded by March 2024. Thankfully, my H-1B was approved on March 22, 2024. Around the same time, I applied for a STEM OPT extension, but USCIS denied it on May 24, 2024 reason stated was my status has changed to H1-b but I filed my petition on consular process not change of status, due to a system error. I had the option to file a Motion to Reopen (MTR), but my attorney didn’t receive my I-797B copy in time.

Since my 30-day grace period ended, I had to return to India in June 2024. My attorney raised multiple service requests to get my I-797B copy, but USCIS didn’t respond. Finally, in November 2024, I sought help from a congressman. Surprisingly, they were able to get me a courtesy copy(I-797) in just two business days.

I scheduled a visa interview for December 2, 2024, and attended it. The visa officer didn’t even ask for my I-797B copy, even when I offered it. He focused on my petitioner and the position offered.

NOV 26th 2024- VAC done HYD.

DEC 2nd- Visa interview

ME- Greeted VO

VO- Hand me your passport

ME- Handed it over. " Do you need my I-797?"

VO- " I will let you know what I need do not give me your documents."

Me-"OK"

VO- "Who is your Petitioner"

ME- Mentioned the name

VO- " What is your payrate?"

ME- Mentioned

VO- "Is it a client project or your companies project?"

ME- Our company project

VO- " From when are you working for this employer?"

ME- Since my STEMOPT and asked him I had something to show him regarding my STEMOPT Denial

VO-" I have everything here I do not need anything else. anyways you will not be issued a visa today!"

ME- I replied "OK"

Was typing something and proceeded for the next thing about my Master's Degree

ME- Answered about my degree

VO- "What happened in 2022?"

ME- " About the DUI?"

VO-"YES"

ME- Explained him what happened that day and told him that I agreed and cooperated with the cop and did everything they had me to do. 

VO-"Do you have the police department documents with you?"

ME- I handed them over 

VO- checked all the court documents and all the reports I submitted and asked me " Do you have the police report"

ME- "Everything should be in there"

VO- Looked into all the documents and said " I have to look into your case and we will notify if I need anything else"

ME- Handed me over the White 221g slip and marked on requires additional administrative processing. Did not return the passport

VO- "Consulate will contact you if we need any other documents"

ME- Thanked him 

I am confused what should I do next. I was expecting a 221g for the physical panel. He did bring out an yellow form and he mentioned "I need to verify your documentation and I don't think you need the medical test for now" and he put the yellow form a side.  What can I expect now, How many days would it take to get a response from the consulate?

Was it a good sign keeping my passport with them and handing me over a 221g?

Hi Everyone,

I had H1/H4 visa stamping in Toronto on !0 Oct 2024. I was on F1 for 8 years including CPT/OPT and working as FTE for a reputed American company directly. After all regular formalities, VO said I intend to approve your visa but need additional time. Our status was showing 'Refused' on their website.

18 Oct 24 H1 Status shows 'Approved' but others still pending.

24 Oct 24 Status 'Approved' for my son but still Refused for my wife.

25 Oct 24 Status 'Issued' for my son but still Refused for my wife.

26 Oct 24 Passport received through premium delivery for my son but still Refused for my wife.

27 Oct 24 Status 'Approved' for my wife.

28 Oct 24 Status 'Issued' for my wife.

30 Oct 24 Passport received through premium delivery for my wife but still sowing ' Approved' for me.

02 Nov 24 My wife and son crossed border by road from Niagara. No questions asked.

Till now my status is showing ' Approved'. Anyone in same condition, please share how long it will take to get Issued.

Thanks

I have visa interview on October 28, 2024 at 9:50 am. Since then status is showing Approved. When can I expect could it be "Issued"?

Hello everyone Can someone suggest

The i94 on my wife’s i797 has a validity until 2025 Oct and this i797 was issued in 2022.

She entered US in April 2023 and was issued i94 until June 23 2024 , as this was her passport expiry date [which is again June 23 2024].

We didn't realize that this i94 date has been shortened due to passport expiring before the i797 expiry.

We found out this issue today while going through our documents , now if the i94 issued at port of entry is valid [which is June 23 2024 ]and not the i797 one [2025 Oct ], then in that case she has overstayed by 4 months already as its [Oct 25 2024 ] today. Is that the case?

how can we resolve this matter?

Still H1B Case Status is in review and is there any other way to know the status apart from Check Case Status (https://egov.uscis.gov/);. Please let know how to create the USCIS account and it is asking Online Access Code. With whom to connect to get the Online Access Code and when the Online Access Code receive from USCIS

I am Solomon Ikechukwu a Nigerian, i work as a pest control technician in United Arab emirates, with a Dubai pest control license so i want to known how can I get a sponsor in usa and also tell me any good consltancy in Nigeria or in usa or hw can I try directly from embassy possible

Hello Immihelp readers,

After a layoff, my previous employer filed for my new H1-B VISA, as a new petition couple months ago. The petition receipt date at USCIS shows it was received well within the 60-day grace period.
Now USCIS provided me approval for my H1-B VISA, but my extension of stay within USA was denied.
The new I-797 states - "The above petition has been approved for the classification requested. It has been determined that the named worker is not eligible for the requested extension of status. You will receive a separate notice explaining the reasons for this determination."
My USCIS case status checker also shows 'denied' status.
Did anyone else face such a problem before?
Do I need to leave US with family and apply for VISA interview at a consulate with new I-797?