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Traveling outside USA while h1b petition: need urgent clarification.

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  • Traveling outside USA while h1b petition: need urgent clarification.

    I entered the US on September 7, 2014. I had an H-1B visa valid until November3, 2014 in my passport. My employer filed an extension of stay for me in June 2014. I had to leave USA due to emergency on Aug 15. My extension petition and I 94 is issued on August 28 2014 and is valid from nov 4 2014 to August 2016. The officers at the airport entered an I-94 online valid until November 3, 2014 as per my old petition. Since My approval notice says it’s valid until August 2016, Am I in a valid status here in USA – is my approval notice right or is the one online for i94 right? Which I 94 is in control. Pls clarify?

  • #2
    Originally posted by Guestb View Post
    I entered the US on September 7, 2014. I had an H-1B visa valid until November3, 2014 in my passport. My employer filed an extension of stay for me in June 2014. I had to leave USA due to emergency on Aug 15. My extension petition and I 94 is issued on August 28 2014 and is valid from nov 4 2014 to August 2016. The officers at the airport entered an I-94 online valid until November 3, 2014 as per my old petition. Since My approval notice says it’s valid until August 2016, Am I in a valid status here in USA – is my approval notice right or is the one online for i94 right? Which I 94 is in control. Pls clarify?
    Are you saying your I-94 expired in Nov 2014? Thats more than 1.5 Year back? I-94 primarily governs your allowed stay, if yours expired way back then you have overstayed a lot. Would advise talking face to face with a good attorney.

    This is my opinion not legal advice.

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    • #3
      I 94 from my previous petition expired on Nov 3, 2014. I want to make sure whether I 94 from the latest petition (validity from Nov 4, 2014 - Aug 2016) which was issued on Aug 28, 2014 (while I was outside US) will be applicable or not.

      Old petition: valid till Nov 2014
      Visa: valid till Nov 2014

      Travelled outside US: Aug 15, 2014
      new petition issued: Aug 28, 2014
      travelled back to US: Sep 7, 2014
      Admitted till: Nov3, 2014 based on visa validity (same as online I 94)

      I94 online now is valid till Nov 2014. But as per new petition, I94 is valid rom Nov 2014 till Aug 2016. since I have new petition with me, I want to make sure whether my new I 94 is controlling my status or not?

      Comment


      • #4
        Originally posted by Guestb View Post
        I 94 from my previous petition expired on Nov 3, 2014. I want to make sure whether I 94 from the latest petition (validity from Nov 4, 2014 - Aug 2016) which was issued on Aug 28, 2014 (while I was outside US) will be applicable or not.

        Old petition: valid till Nov 2014
        Visa: valid till Nov 2014

        Travelled outside US: Aug 15, 2014
        new petition issued: Aug 28, 2014
        travelled back to US: Sep 7, 2014
        Admitted till: Nov3, 2014 based on visa validity (same as online I 94)

        I94 online now is valid till Nov 2014. But as per new petition, I94 is valid rom Nov 2014 till Aug 2016. since I have new petition with me, I want to make sure whether my new I 94 is controlling my status or not?
        An I 94 that comes with the petition while you are outside US does not hold any meaning. The one that you got while entering US will be the latest one as per the last action rule.

        This is my opinion not legal advice.

        Comment

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