H1 Visa/ I-94 expiring - Extension applied (HELP!!!)

[nureya]

My Visa and I94 expires on 17th Aug 07 .My H1 extension has been filed in JUN 04 (USCIS Received my application), but i have yet not got my approval notice .I have the receipt number , querying which it tells me that application has been received by USCIS but is in pending state.

In between i went to canada and re-entered on JULY 11, 2007. At the port of entry, the officer gave me a new I-94 (valid until Aug 17,2007, since i dont have my h1b extension paper) and she also mentioned that my h1b was already approved on June 15, 2007. The I-94 given by the officer is the most recent one and it is valid until Aug 17,2007.

Questions:

1) Although the H1b extension (with I-94) was approved, i did not recieve it sofar. Now Will the I -94 given by the officer cancels the I-94 which will arrive on the petition, since the I-94 given by the officer is the most recent one?

2) In that case, am i out of status after Aug 17,2007. I went to the same port of entry and the officer told me, that i will not be out of status and the I-94 given by her on July 15 does not cancels the I-94 in the petition. The recent I-94 is valid until Aug 17,2007 and the Petition I-94 will be alid until 2010. Is that true?

Very confused.

Your help is greatly appreciated .

[Subramanya]

H1 petition

My Visa and I94 expires on 17th Aug 07 .My H1 extension has been filed in JUN 04 (USCIS Received my application), but i have yet not got my approval notice .I have the receipt number , querying which it tells me that application has been received by USCIS but is in pending state.

In between i went to canada and re-entered on JULY 11, 2007. At the port of entry, the officer gave me a new I-94 (valid until Aug 17,2007, since i dont have my h1b extension paper) and she also mentioned that my h1b was already approved on June 15, 2007. The I-94 given by the officer is the most recent one and it is valid until Aug 17,2007.

Questions:

1) Although the H1b extension (with I-94) was approved, i did not recieve it sofar. Now Will the I -94 given by the officer cancels the I-94 which will arrive on the petition, since the I-94 given by the officer is the most recent one?

---- As written in the first part of your post the USCIS has only received your application and it is not yet approved. Receipt does not mean approval

2) In that case, am i out of status after Aug 17,2007. I went to the same port of entry and the officer told me, that i will not be out of status and the I-94 given by her on July 15 does not cancels the I-94 in the petition. The recent I-94 is valid until Aug 17,2007 and the Petition I-94 will be alid until 2010. Is that true?

---- The petition is yet to be approved and you have to wait for that to come from USCIS. Be patient. Do not jump to conclusions

Subramanya

[nureya]

Thanks

Subramani,

Thanks for your reply.

The online status says its pending. But the immigration officer at the POE told me, that my h1b extension was approved on Jun 15th, 2007 until 2010. She also mentioned that since she has access to upto date system & she is 100% sure that its approved, but she cant give the I-94 until 2010, since i dont have the H1b extension paper with me at that time.

In that case, does the I-94 given by the officer (July 11,2007, most recent one) cancels the petition I-94(approved according to officer on June15th, 2007) or not?. The officer gave the I-94 only upto Aug 17,2007. so if it cancels, i will be out of status.....pls advice

Help appreciated.

[nureya]

Subramanya...please reply

I am waiting for your reply.

Nureya