Date recapture of 224 days. Company says can stay on valid I94, No need for extension

[msayyad]

Hi,

I entered US on 29th June 2008. My L1-B visa ends 30th June 2013(5 years).
My Current I-94 is granted until 24th Dec 2015. I was outside of US for 224 days.
My company says there is no need to apply for extension or recapture of dates since I already have an valid I-94.

Companies response is as below:
"You have already been granted the time via your I-94. You have actually been granted more time than you are legally allowed to stay. Since we can prove that you had the time outside of the US, you can stay longer than just the basic 5 years from the date you entered the US.
We can’t file anything because you have an I-94 valid for three years. Extensions and recaptures of time can only be filed 6 months before the I-94 expires. "

My question is that, is it legal for me to stay till 9th Feb 2014 without notifying USICS.

Will I be questioned by Visa officers later that why I stayed after June 2013.

Can you please answer. Thank you.

[msayyad]

Experts Please help

Can somebody Please answer my question.

Thank you for the help.

[raghvi]

Can somebody Please answer my question.

Thank you for the help.

Your I-94 was granted by mistake. Unless you get acknowledgement from USCIS that your 224 days have been re captured, it will most likely cause issues in future visa stampings. Ask your company to spend money on a good lawyer and getting this sorted out in USCIS records.

This is my opinion not legal advice.

[binoca82]

I have seen cases (few of my friends, when they returned to US after vacations) where the CBP officer asked how long you were out of US and granted extended I94 in such a way that they get 5 years of stay and some cases even more than 5 years.
I think you just need to make sure that you do not overstay - 5 years of stay. You MUST leave US on or before the day you complete 5 years of actual stay in US.
Also make sure that you have proofs of arrival & departure records - stamps in passport, airline boarding passes etc...

[msayyad]

Thank you for your reply.

but my question is do USCIS maintain an official record, where they can see how many days/months this guy stayed outside of USA.
Since I am not going to file for any extension as I have my valid I-94. I will make sure I leave before 9th February 2014.

My concern is, I am not letting USCIS know about this (my company is still adamant that it is perfectly legal for me to stay on this I-94 till 9th Feb).
would USCIS cause problems in my future applications?

Do they maintain a record where they can see...when the person entered or left and calculate maxout based on that?