I94 problem and legal stay

[pravink999]

i have old I-797 valid until July 18th 2013 and visa stamped till the same date.
My employer applied for extension in April 2013 and got the extension starting july 19th 2013 till feb 2016.

I visited INDIA in may and returned back on June 9th. At port of Entry they didnt considered my new I-797 as it was still not active and given the I94 till July 28th adding 10 days extra to the current expiry date of July 18th.

I reported the same to my employer and he talked to Attorney.
The answer given by them is :

" Pravin's current I-94 is valid until 7/28/2013, and if he were to leave the country before this time period, he would turn in this current I-94 card. Upon returning to the US after July 19, 2013 with a new visa stamp in his passport, the I-94 would be stamped with a validity period that reflects the same as listed on the approved I-797, until 2/11/16.

Accordingly, as long as Mr. Pravins remains in the U.S. after 7/28/2013, he is in lawful status pursuant to the approved I-129 (Form I-797), filed on his behalf. Again, if he leaves the U.S., he needs to obtain visa stamping in order to return. Once he returns to the U.S., his I-94 will be stamped to reflect a validity date until 2/11/16. "

As per the attorney the approved I-129 (Form I-797) will make my stay in USA as legal.
Is this correct ? please guide me i am little tensed about my situation currently.

If the above thing is not correct please guide me the steps i need to follow to make my stay legal here.

[Kandiyaar]

your attorney is correct , you can be here legally with your current I797 .

once you go out of country after 7/28/2013 you need to get stamped and while returning your I94 will be up to 2/11/16 .

[pravink999]

Thanks @Kandiyaar Is there a way i can check my legal status after july 28th.
How do people generally check their legal stay in usa ?
That is just for my satisfaction to make sure everything is alright on my side

[Kandiyaar]

when you have extension till feb 2016 , you already legal till that time.

you need call USCIS @ 8003755283 for further queries ,

which i would not suggest since you have the extension.no worries.

[pravink999]

Thanks Kandiyaar for the reply.

I was trying to understand the importance of I-94.
I have been reading cases online people say when you have expired I-94 you will become illegal ( read the topics reg people who has passports expired etc)

I got one I-94 along with my new I 797 but that might have got invalid with my recent visit to INDIA.

Just want some legal opinion on what role I-94 and I-797 going to play.

[Kandiyaar]

I94 is to make sure that your LEGAL IMMIGRANT via border security , at POE you will be given amount of time that your going to stay which will be your end date of I797 usually ,you will be getting NEW I94 every time you come back to US .

I797 is USCIS approval for your work time limit with the respective employer.

you need to have valid I94 if your applying for DL for first time , this I94 number will be saved in S.A.V.E system so that you can be the alien for entitlements .
if you DL expires you can extend it with your new I797.

[pravink999]

Kandiyaar,
By what you said i understood is
I-94 has nothing to do with legal stay in USA right ??
Though it expires in certain times things like I-797 will make ur stay legal in USA. correct me if i am wrong.

Because in my case I-94 expires on July 2013 but I will be having valid I-797

[Kandiyaar]

your correct .