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Gap in I797 validity dates

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  • Gap in I797 validity dates

    Hi

    My previous I797 was: Valid from say Oct 2009 to Oct 2010
    My current I797 is valid from Jan 2011 to May 2014

    This results in gap from Oct 2010 to Jan 2011.

    On my newest petition, they have written Receipt Date = Jun 2010 when we submitted extension.
    In right side box below Beneficiary they have written "Valid from 01/24/2011 to 05/19/2014"

    Is there any issue here?

  • #2
    Yes. If you are currently in U.S, then you do not hold any status from October until January 24th and your stay is illegal.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      visa transfer worked

      I did change job and visa transfer worked as expected.. no issues in that
      How can it be possible that my stay is illegal and still USCIS approved transfer?

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      • #4
        Having an approved H1B petition does not determine your status. I-94 is the one that determines your valid status in U.S. Any period of stay in U.S without a valid I-94 is termed as illegal stay.

        Originally posted by gkv76 View Post
        I did change job and visa transfer worked as expected.. no issues in that
        How can it be possible that my stay is illegal and still USCIS approved transfer?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          You are fine. USCIS does not normally backdate the approvals.
          This is my opinion and not legal advice.

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