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H1-B, I797 approved from a later date and I94 expired - Out of status

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  • H1-B, I797 approved from a later date and I94 expired - Out of status

    Hi,

    My H1 was valid from 08/07/2011 to 02/28/2013 and my I94 expired on 02/28/2013. My Employer had filed for H1 in Feb 2013 and the receipt date was Feb 8th 2013. I got my I797 approved but the dates were from 04/01/2013 to 11/04/2015

    Now am I in Out of status from 03/01/2013 to 03/31/2013? What do I need to do to correct this issue? Will this impact my GC processing? Please let me know ASAP.

  • #2
    Originally posted by chirukiran4u View Post
    Hi,

    My H1 was valid from 08/07/2011 to 02/28/2013 and my I94 expired on 02/28/2013. My Employer had filed for H1 in Feb 2013 and the receipt date was Feb 8th 2013. I got my I797 approved but the dates were from 04/01/2013 to 11/04/2015

    Now am I in Out of status from 03/01/2013 to 03/31/2013? What do I need to do to correct this issue? Will this impact my GC processing? Please let me know ASAP.
    Hello, Chirukiran.

    Were these the dates requested by your employer, maybe erroneously?

    Also, do check if there is a notice from USCIS for you. It comes in the same mail as the decision.

    Wishing you luck.

    Cheers,
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Originally posted by Nattybone View Post
      Hello, Chirukiran.

      Were these the dates requested by your employer, maybe erroneously?

      Also, do check if there is a notice from USCIS for you. It comes in the same mail as the decision.

      Wishing you luck.

      Cheers,
      I'm checking with my Employer to see if they were requested erroneously. But if the dates are NOT corrected, would it become an issue in future when I start my GC processing?

      Comment


      • #4
        Originally posted by chirukiran4u View Post
        I'm checking with my Employer to see if they were requested erroneously. But if the dates are NOT corrected, would it become an issue in future when I start my GC processing?
        Hello, Chirukiran.

        Even if you accidentally go Out of Status (then you need to quickly exit and re-enter USA with a fresh visa stamp), they will not look at accidental Out of Status scenarios as a major willful violation. Accidental things happen all the time. As long as yours is a bonafide case, you should not worry about wrong treatment.

        I am very positive USA is a very very fair country.

        Wishing you luck.

        Cheers,
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment

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