Peculiar Scenario of i94 Expiry - Extension in Jeopardy - Need Help

[ujar1]

Immigration Gurus - please help. Looking for some solid guidelines and information on my situation.

1) 2009 - Got H1 and traveled to USA
2) 2010 - Applied for first extension and got approved till 2011.
3) 2011 - Applied for 2nd extension and got approved till June 2014
4) 2012 - Traveled to India and got stamping till June 2014
5) 2013, May - Switched Company and filed for H1 Transfer
6) 2013, June - Got RFE
7) 2013, June 21st - Got H1 Transfer Approved, based on Response to RFE

--All good till now, Waiting on Approval Document to reach Employer --

8) 2013, July 4th - Traveled to Canada (Had valid Canadian Visa and Current US visa valid till June 2014 (point 3.4 above), so I was good to go)
9) 2013, July 6th - Returned to USA from Canada. US Customs and Border Protection looked at my Stamped Visa till June 2014 and updated my i94 Accordingly.
10) 2013, July 15th - I receive my Approved Petition i-797 with new i94. Validity Date till Nov 27 2015 (END OF 6 years stay)
11) 2014, Dec - Filed for Perm Application
12) 2015, Aug - PERM got approved
13) 2015, Sep - Applied for I-140
14) 2015, Oct - I-140 got Approved
15) 2015, Nov 02 - Filed for H1 Extension
16) 2015, Nov 24 - Got an RFE stating that my i94 status is expired for over a year.
a. Need to provide evidence for ‘Extraordinary Circumstances’ leading to not filing extension on time.
b. Says, immigration status is not valid.

Issue - USCIS is looking at the latest i94 that I got while entering Canada on July 6th 2013 (point 9 above) and not looking at i94 date that I had on Approved Petition received on July 15th (point 10 above).

Question -
1. What should the RFE response be in this scenario? (glad they didn’t reject extension, meaning I still have some hope)
2. What are the chances of me getting the Extension Approved, based on above situation.
3. What will happen to my GC process as I-140 is already approved.
4. If H1 Extension gets rejected, what are my best bets on continuing to stay in US?

Note –
1. My track record is clean. As in USCIS should not be looking at me like an illegal immigrant, I guess.
2. My wife is on F1 (converted after coming here) and I support her education, will that help me stay back?

[ujar1]

Does anybody have any insight on what needs to be done????

[ujar1]

no one responded yet...???

Anyone there, can you help??

[sb158]

Ujar,

Seems like USCIS made ur last H1B extension decision before July 6th ( the day u returned from Canada) but you received approved 797 on 15th.
Since H1B extension decision was made on June 21st ie before your Canada visit, the i94 u got while returning from Canada considered most recent i94, hence uscis considers u out of status.

You need to file nunc pro tunc request for your out of status period. Also I would suggest to submit an affidavit explaining the situation and hardship to you and ur family if nunc pro tunc extension denied...

Don't want to panic you but since u are out of status for more that 1 year, denial of extension means u will be barred to enter US for 10 years.

I am also in something similar kind of boat. Out of status for more than 6 months. I went to Canada and the officer gave me I94 based on my passport expiry instead of my visa and 797. He didn't even mention anything and hence I didn't check online, assumed that i94 gonna be same as of my visa and the 797. Last week My company has filled nunc pro tunc for me. I will keep you posted with the result. Please update the thread if u hear anything

[ujar1]

Ujar,

Seems like USCIS made ur last H1B extension decision before July 6th ( the day u returned from Canada) but you received approved 797 on 15th.
Since H1B extension decision was made on June 21st ie before your Canada visit, the i94 u got while returning from Canada considered most recent i94, hence uscis considers u out of status.

You need to file nunc pro tunc request for your out of status period. Also I would suggest to submit an affidavit explaining the situation and hardship to you and ur family if nunc pro tunc extension denied...

Don't want to panic you but since u are out of status for more that 1 year, denial of extension means u will be barred to enter US for 10 years.

I am also in something similar kind of boat. Out of status for more than 6 months. I went to Canada and the officer gave me I94 based on my passport expiry instead of my visa and 797. He didn't even mention anything and hence I didn't check online, assumed that i94 gonna be same as of my visa and the 797. Last week My company has filled nunc pro tunc for me. I will keep you posted with the result. Please update the thread if u hear anything

Thank you so much for the response. I will update this thread once I get a response from USCIS.

[sb158]

Ujar,

My H1B nun pro tunc extension approved today with backdated I94

[ujar1]

Ujar,

My H1B nun pro tunc extension approved today with backdated I94

Hey Congratz..!!

Can you post a sample of the response that was sent to USCIS for your case? We are a small company and are still working with Attorney's trying to figure out the best response.

[hamami]

hi ujar1, sorry to hear about your situation. I'm in a very similar situation as you and am in the process of drafting the nunc pro tunc. did you hear back a response on your case?