i94 not received with H1 Visa Extension form i797

[AshishMote]

Hi,

I recently received my H1 VISA extension till Dec 2017, but without i94. My lawyer has filed i94 request immediately. But my earlier i94 is going to expire within 5 days from now. So is it legal for me to stay and work in US until I receive my new i94?
Series of instances:
1. H1 VISA extension approved till Dec 2017
2. Earlier i94 will be expired within 5 days from now.
3. New i94 not received along with VISA extension.
4. Employer filed a request for i94, waiting to hear back from USCIS.
Am I legally allowed to stay and work in US beyond my existing i94 expiry date and until new i94 is not received?
I am really concerned with this issue.


Regards,
AshishM

[raghvi]

Hi,

I recently received my H1 VISA extension till Dec 2017, but without i94. My lawyer has filed i94 request immediately. But my earlier i94 is going to expire within 5 days from now. So is it legal for me to stay and work in US until I receive my new i94?
Series of instances:
1. H1 VISA extension approved till Dec 2017
2. Earlier i94 will be expired within 5 days from now.
3. New i94 not received along with VISA extension.
4. Employer filed a request for i94, waiting to hear back from USCIS.
Am I legally allowed to stay and work in US beyond my existing i94 expiry date and until new i94 is not received?
I am really concerned with this issue.


Regards,
AshishM

The part missing is did the lawyer forget to file it as extension or did USCIS itself forget to give an extended I-94 or purposefully denied an extended I-94 and asked to go for stamping and return ?

This is my opinion not legal advice.

[AshishMote]

i94 not received with extension approval

The part missing is did the lawyer forget to file it as extension or did USCIS itself forget to give an extended I-94 or purposefully denied an extended I-94 and asked to go for stamping and return ?

This is my opinion not legal advice.

Thanks for reply raghvi.
I checked with lawyer and he has confirmed that i94 request was also filed along with H1 VISA extension.
It is a miss from USCIS. So lawyer has raised a new service request to get new i94.
There is no information on denial of i94 received from USCIS. I think it is just the miss.

[raghvi]

Thanks for reply raghvi.
I checked with lawyer and he has confirmed that i94 request was also filed along with H1 VISA extension.
It is a miss from USCIS. So lawyer has raised a new service request to get new i94.
There is no information on denial of i94 received from USCIS. I think it is just the miss.

If it is genuine USCIS mistake they may correct it.

This is my opinion not legal advice.