I797 without I94

[mastman380]

Hi Friends,
I got my H1B extension (I797) without I94. Here is the story.

My employeer had filed my H1 extension on 15th Aug but my I94 got expired on 5th Aug before filing xtension. I got my reciept & I797 with extension but not I94. My employeer didnt file H4 extension for my wife & daughter at time of my extension but he filed after a month of mine & their status is still pending? I have few question:

1. Do I need to go to out of country for visa stamping immediately or I can wait till my dependents get decission & we can all go together ?

2. Can I go to Maxico/Canada for stamping or I need to go to India (my home country) ?

3. Was I out of status for those 10 days (I94 expired & reciept date) ? & will I face any issue in stamping ?

Want to add here that I was on my project whole time & I have all my paystub & other documents.

Your help will be highy appriciated. Thank u so much for your kind & valuable advise.
Regard.

[shervin143]

I got my H1B extension (I797) without I94. Here is the story.

My employeer had filed my H1 extension on 15th Aug but my I94 got expired on 5th Aug before filing xtension. I got my reciept & I797 with extension but not I94. My employeer didnt file H4 extension for my wife & daughter at time of my extension but he filed after a month of mine & their status is still pending? I have few question:

>>>>> Your employer should be so stupid to not file an extension before your I-94 expiry. There is mistake on your part too. It is your responsibility to check your I-94 and consult with your employer to file an extension at least 3 months in advance.


1. Do I need to go to out of country for visa stamping immediately or I can wait till my dependents get decission & we can all go together ?

>>>>> Yes, you need to leave immediately. You are accumulating illegal stay in the country. Your employment at this stage will be considered illegal. Most likely, your dependents will also not get an extended I-94 since their status depends on you (Also, I assume their extension was also filed after their I-94 expiry).


2. Can I go to Maxico/Canada for stamping or I need to go to India (my home country) ?

>>>>> You can go to Mexico/Canada. However it is advisable to go to the home country since you have illegal presence in the country. Upon receiving a 221g, you can end up staying longer than anticipated in Mexico/Canada. If your H1 stamping is denied, you will have to go back to your home country, which could potentially be expensive and frustrating.


3. Was I out of status for those 10 days (I94 expired & reciept date) ?

>>>>> Yes. More than being out of status, it is illegal stay and illegal employment. Your illegal stay starts from 6th August. If you continue your illegal stay for more than 6 months you could get up to 3 year ban. If you continue to be an illegal immigrant for more than 12 months, you could get up to 10 year ban.


will I face any issue in stamping?

>>>>> May be. But there are cases similar to yours with successful stamping.

[mastman380]

Thanks Shervin for your quick response.

One more question here, now my dependents extension in process. Can they go with me in this pending status & get visa stamp with me or they should wait till decission & then go for stamping if not get i94 ?

Appriciate your help.
Regards.

[shervin143]

One more question here, now my dependents extension in process. Can they go with me in this pending status & get visa stamp with me
>>>>> Yes.


Or they should wait till decission & then go for stamping if not get i94 ?
>>>> The best thing to do is to take them with your for the visa stamping.

Note:
I have added more info to Ans.3 below.

Thanks Shervin for your quick response.

One more question here, now my dependents extension in process. Can they go with me in this pending status & get visa stamp with me or they should wait till decission & then go for stamping if not get i94 ?

Appriciate your help.
Regards.

[mastman380]

Thank you so much for your help. You guys are really doing gr8 job. Highly appriciate your feedback.
Rgards.

[shervin143]

Don't forget to update the forum with the status of your visa stamping.

[mastman380]

Hi Friend, I read on some website that at airport CBP office can solve this & can give new i94. Can you please some put light on this ? Is it good in my case too. Please help.
Regards.

[shervin143]

That only works when there is some mistake on the I-94 issued by USCIS or at the POE. Your extension of stay was denied for a reason (You were out of status when you applied for the extension).

However, you can give it a try at the nearby CBP office. If they can give you an extended I-94 (which is highly unlikely), you are in luck.

Hi Friend, I read on some website that at airport CBP office can solve this & can give new i94. Can you please some put light on this ? Is it good in my case too. Please help.
Regards.

[mastman380]

I just talked to my employer & he said the filing got delayed because of LCA new process & my extension got approved from the 16th Aug'09 ( it got expired on 15th Aug'09) very next day it got expired. So by I 797 i should be in status but I dont know...i m reallyconfuse & worried now.

Thanks for all ur inputs. I will try CBP but will it create problem if they dont give new i94 & come to know i m out of status.

Regards.

[mastman380]

Friends, Today my wife & daughter got H4 extension approved with new I94. They got approval & with that they gt I94 too. Now do I need to take them with me for stamping or can I go alone for that.
Can I check here with CBP if they can give me extended I94 on the basis of my family. I am really confused now. I need to take visa appointment too. Please suggest me ASAP possible. I am feeling like I m in dark.
Thanks so much for all your suggestion & help in advance.
Regards.

[shervin143]

See below.

Friends, Today my wife & daughter got H4 extension approved with new I94. They got approval & with that they gt I94 too. Now do I need to take them with me for stamping or can I go alone for that.
>>>> You don't need to take them for stamping. As long as their I-94's are valid, they can stay in U.S.

Can I check here with CBP if they can give me extended I94 on the basis of my family.
>>>> They won't give you an I-94 based on your family. The chances of them giving you an extended I-94 is very minimum to none.

I am really confused now. I need to take visa appointment too. Please suggest me ASAP possible. I am feeling like I m in dark.
>>>> If you have to go for stamping, then you need to take the visa appointment. Do you have a valid H1B visa in your passport? If yes, when is it expiring? If you don't have a valid visa, then you need to get it stamped to re-enter U.S.

Thanks so much for all your suggestion & help in advance.
Regards.

[mastman380]

Friends, Yesterday I had my visa interview at delhi center. Everything went smooth. They didn't ask about my I94 (why i didnt get the i94 & all). USCIS had already sent my case here as mentioned by them in document.

Here officer asked me about my employer & client. His main focused was on client letter & employer performance.

I had got my visa stamped. Successfully.

Thanks to all who helped me & guided me.

Regards..

[mastman380]

Friends, let me take time to write the full interivew details. This is kind of rare/unique case & my friends might search in future.
Here is the interview conversation.

VO: With whom you are working in US ?
Me: I am employee of ABC company.

VO: what is your designation in ABC company ?
me: I m working as xxxx at client location.
(Here VO got alert. I could see experssion on his face. Client word made him awake.)

VO: So your working at client location. I just need the contract between you, your company & client which prove this ?
(I got little confused bcoz I didnt have any contract document like this. but my employer gave me closed envelop with all tax papers & some document from client).
me: I don't have any such document but my employer gave closed envelop & told me that all documents are in the envelop & ask me to handover to you if required & I handed over to him.
VO had opened the envelop & start searching the papers. In between I jumped again & said I have client letter from my client that I am working with them & still with them. This might help you.
He took the client letter & read it. then I saw some light of satisfaction on his face & I also felt releaxed.

VO: How many employees your company (ABC) has ?
me: xx many.

VO: Is ABC has own product or do only consultancy ?
me: Consultancy only.

VO: What is your educational background ?
me: BE in ECE.

VO: Is this 4 year degree ?
me: Yes.

VO: How long your are with ABC company ?
me: x years & I am with ABC since begining. (This was also my plus point.)

VO: How along your with client ?
me: y years ( almost same as x).

VO: How long your in this field ?
me: z years. (z=x+3 years)

VO: You have family ?
me: Yes. (Actually my family is in USA only as mentioned in this post that have got their I94. I think, he can see their status.)

VO: What is your wife do ?
me: She is housemaker & my daughter is x months old only.

Finally he said, your visa is approved & you will get ur passport in few days by courier.

At the end he was giving me my company's tax document. I told him, I dont suppose to take this bcoz these are confidential document. He said you are right. He returned me client letter & thank me

He didnt ask anything about my I94 & out of status in USA. I have question for a seniors in this group.

He was typing during whole conversation. I think he was noted everything. Will he keep it for future & can check anytime ?
(in case of next time extension or when my family will go for H4 stamping after 1 yr or 2).

Thanks to everyone & specially Shervin for guiding me.

Regards.