Expired I-94, approved I-140 and incorrect H-1B transfer dates mentioned on I-797

[NikhilBurri]

I received my initial H-1B on Oct 2009 from company A and I had an extension from the same company A till Sep 2015, completing my 6 year period. However, in Nov 2013 company B filed for my H-1B and they got an extension till Sep 2016. I have explicitly not asked to reclaim any of my period outside of US. However, I left the country before my new H-1B from company B was obtained i.e. left on Nov 19th. During my vacation I received the approved I-797 and a new I-94. Upon port of entry in Dec 21st 2013 the customs and border protection issued an I-94 with the same expiration date as my initial extension i.e. Company A's extension till 2015 (coincidentally the same as my visa expiration date).

All this while I was under the assumption that I was legally employed till 2016 and so my new employer filed for my GC processing 1 year prior to my extension making the same mistake i.e. to use I-797 from new employer which has an extension date as Sep 2016. I did receive my approved PERM as well as I-140. Only couple of days back when they were ready to file for my H-1B 3 year extension did they realize that my I-94 expired. And it has been expired for close to 10+ months.

I am aware that there are some dire consequences but not sure how bad they are and what my options are? I have already scheduled a meeting with the law firm who were responsible for my H-1B transfer, the GC and my new H-1B extension (all of them are the same). Can someone suggest me what my options are?

[mindrd]

Nothing to worry about

I received my initial H-1B on Oct 2009 from company A and I had an extension from the same company A till Sep 2015, completing my 6 year period. However, in Nov 2013 company B filed for my H-1B and they got an extension till Sep 2016. I have explicitly not asked to reclaim any of my period outside of US. However, I left the country before my new H-1B from company B was obtained i.e. left on Nov 19th. During my vacation I received the approved I-797 and a new I-94. Upon port of entry in Dec 21st 2013 the customs and border protection issued an I-94 with the same expiration date as my initial extension i.e. Company A's extension till 2015 (coincidentally the same as my visa expiration date).

All this while I was under the assumption that I was legally employed till 2016 and so my new employer filed for my GC processing 1 year prior to my extension making the same mistake i.e. to use I-797 from new employer which has an extension date as Sep 2016. I did receive my approved PERM as well as I-140. Only couple of days back when they were ready to file for my H-1B 3 year extension did they realize that my I-94 expired. And it has been expired for close to 10+ months.

I am aware that there are some dire consequences but not sure how bad they are and what my options are? I have already scheduled a meeting with the law firm who were responsible for my H-1B transfer, the GC and my new H-1B extension (all of them are the same). Can someone suggest me what my options are?

I think that because you only had your employment from Company A with at the time of enter, and USCIS approved the new petition while you were gone, I believe you will be fine. However, I have seen people file an amended petition requesting a fix on a new petition. However, you are authorized to work with company B until September 2016.