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My employer filed for my H1B extension and I received the approval notice for that today.
I noticed that the paper I-94 attached to me I-797A has a different I-94 number than the one I currently am in the country on. Please read below
Brief summary of my travel
June 2015: Enter the country with a valid visa stamp till Feb 2016 and I-94 number: xxxxxxxxxx
October 2015: Go out of USA
Nov 2015: Enter USA with a valid visa stamp till Feb 2016, but this time I-94 number: yyyyyyyyyy, valid till 22nd Feb 2016
Jan 2015: Employer files for H1B extension in premium processing. Employer receives email approval notice from USCIS and informs me the same.
I receive hard copy of I-797A today and notice that it is valid from 21st Feb 2016 till 20th Feb 2019, but the paper I-94 number on it is: xxxxxxxxxx, same as the one I received when I entered the country in June 2015, different from my current i94 number yyyyyyyyyy
My concern is since the I-94 numbers differ, if I'll go out of status on 22nd Feb 2016, when my current I-94 with number yyyyyyyyyy expires.
Company attorney told me that there is no issue as USCIS follows "Last Action rule", as per which the last action for me was the H1B extension approval notice and that my status will remain legal as soon as 21st Feb 2016 kicks in as I have an approved petition from USCIS.
Is the attorney right or do I need to take any steps to prevent from any issues?
Please help me out.
I noticed that the paper I-94 attached to me I-797A has a different I-94 number than the one I currently am in the country on. Please read below
Brief summary of my travel
June 2015: Enter the country with a valid visa stamp till Feb 2016 and I-94 number: xxxxxxxxxx
October 2015: Go out of USA
Nov 2015: Enter USA with a valid visa stamp till Feb 2016, but this time I-94 number: yyyyyyyyyy, valid till 22nd Feb 2016
Jan 2015: Employer files for H1B extension in premium processing. Employer receives email approval notice from USCIS and informs me the same.
I receive hard copy of I-797A today and notice that it is valid from 21st Feb 2016 till 20th Feb 2019, but the paper I-94 number on it is: xxxxxxxxxx, same as the one I received when I entered the country in June 2015, different from my current i94 number yyyyyyyyyy
My concern is since the I-94 numbers differ, if I'll go out of status on 22nd Feb 2016, when my current I-94 with number yyyyyyyyyy expires.
Company attorney told me that there is no issue as USCIS follows "Last Action rule", as per which the last action for me was the H1B extension approval notice and that my status will remain legal as soon as 21st Feb 2016 kicks in as I have an approved petition from USCIS.
Is the attorney right or do I need to take any steps to prevent from any issues?
Please help me out.
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