status after extension

[confusedstatus]

i need your help. i entered the US in aug of 2003 then got an i-94 valid 6 months i applied for extension and got approved valid till aug of 2004.

now the dilemma:
i got my approval for extension which expired on aug 21 i got it from the mail dated sep 4. and an H1-B petition was filed for me on July 1, 2004. i asked the employer's immigration lawyer if i am still allowed to stay while i have a petition and she said yes. Now, my question is, Was I legally staying during the period after my extension while I had a pending petition.

Thank you so much!

[chennai_123]

i need your help. i entered the US in aug of 2003 then got an i-94 valid 6 months i applied for extension and got approved valid till aug of 2004.

now the dilemma:
i got my approval for extension which expired on aug 21 i got it from the mail dated sep 4. and an H1-B petition was filed for me on July 1, 2004. i asked the employer's immigration lawyer if i am still allowed to stay while i have a petition and she said yes. Now, my question is, Was I legally staying during the period after my extension while I had a pending petition.

Thank you so much!

In what visa status did you enter the U.S? You will be presumed to be in-status while the COS is pending, if that's what you are asking. Did you get a new H1B visa stamp in your passport? If so you don't need to worry.

[confusedstatus]

While waiting for the approval of my COS, I was also waiting for the passing result of an exam I took which will lead to issuance of visa screen. Unfortunately, I wasnt successful. So the lawyer told me they would withdraw the petition the same day I left the US so my tourist visa would still be valid. Now, when I was in Detroit (Dec 2004), the immigration had to ask me a lot of questions because they said I was overstaying because i gave them a copy of my new I-94 which expired in august 2004, but I showed them the pending petition. I have a huge stress headache on my way home.

Is my tourist visa still valid?

[chennai_123]

While waiting for the approval of my COS, I was also waiting for the passing result of an exam I took which will lead to issuance of visa screen. Unfortunately, I wasnt successful. So the lawyer told me they would withdraw the petition the same day I left the US so my tourist visa would still be valid. Now, when I was in Detroit (Dec 2004), the immigration had to ask me a lot of questions because they said I was overstaying because i gave them a copy of my new I-94 which expired in august 2004, but I showed them the pending petition. I have a huge stress headache on my way home.

Is my tourist visa still valid?

I am confused now. When did you leave the U.S after your extended I-94? Did you re-enter again in Dec 2004 and is that when the Immigration officer told you that you overstayed? what else did he tell you? Unless he tells you that your visa is void, you should be okay. But it will always upto the CBP officer on how he/she treats your previous overstay on your next visit(s). I have heard stories from forums that people have been successful in getting admitted after their overstay in their next, 2nd, 3rd visit, but on the 4th/5th visit the CBP officer denied them entry.

In general it is presumed that you will be in status with a pending petition. If the petition gets approved, then you are OK, If the petition gets denied then you will have accrued un-authorized stay from the date of expiry of the I-94.

[confusedstatus]

when i called the company's immigration lawyer and told them that I didn't pass the exam and I asked them what to do. she told me if I want to go home I should let them know the date so that they could withdraw the petition and I could regain my b1 status. then when I called the immigration officer with regards to the status of my petition and the status of my stay he said that I am actually gambling while I am staying there. he said the visa doesnt cancel, only the i-94 expires which wasn't clear at all. he told me to just renew the visa before I come back, if i would come back to avoid the risk of getting deported. how do i find out if my b1/b2 visa is still valid? do i have to go to the embassy to have it checked or do i call the INS?