Valid I -94, I-797A Expired

[KerthiJoe]

Hello,

My I-94 is valid till June 2020, Recently got my amended H1B approved petition which has expired 07/20/2018.

Am I legal to stay in this country and is there any ways to that I can apply extension or new amendment without leaving the country.

Thanks.

[newacct]

Hello,

My I-94 is valid till June 2020, Recently got my amended H1B approved petition which has expired 07/20/2018.

Am I legal to stay in this country and is there any ways to that I can apply extension or new amendment without leaving the country.

Thanks.

If you got an I-797A approval notice, it came with a new I-94 as a corner of the I-797A. That superseded any previous I-94s you have and is now the only I-94 that applies to you. If you have stayed past the date on that new paper I-94, then you have overstayed.

[KerthiJoe]

If you got an I-797A approval notice, it came with a new I-94 as a corner of the I-797A. That superseded any previous I-94s you have and is now the only I-94 that applies to you. If you have stayed past the date on that new paper I-94, then you have overstayed.

Hi newacct,
My i-94 for this new i-797A is valid till June 2020. Am I legal to stay in this country?
And what is the further ways to apply or extend i-797?

[drahul118]

Please ask your company to apply for H1B extension immediately. You are legally not allowed to stay in your case. Please act immediately. Also do not get tensed. They will take care of it.

Hi newacct,
My i-94 for this new i-797A is valid till June 2020. Am I legal to stay in this country?
And what is the further ways to apply or extend i-797?

[KerthiJoe]

Please ask your company to apply for H1B extension immediately. You are legally not allowed to stay in your case. Please act immediately. Also do not get tensed. They will take care of it.

Hello drahul118,
Thanks for responding back. Do we have any grace period for applying Extension after I797 Expiry date (With I94 valid till June 2020)? Or do we need to travel back and apply as H1B cap exempt?

[newacct]

Hi newacct,
My i-94 for this new i-797A is valid till June 2020. Am I legal to stay in this country?
And what is the further ways to apply or extend i-797?

Are you saying that on the single I-797A sheet of paper, it says both that the I-94 expires in 2020 and that the petition expires in 2018? That doesn't make sense. The I-94 expiration shouldn't be more than 10 days after your petition expiry.

[KerthiJoe]

Are you saying that on the single I-797A sheet of paper, it says both that the I-94 expires in 2020 and that the petition expires in 2018? That doesn't make sense. The I-94 expiration shouldn't be more than 10 days after your petition expiry.

Hi newacct,

Yes, That is my case now. The I-797A sheet of paper has petition validity duration and has I -94 record number not the exact date. But in the petition's I - 129 form I can see 'Date Status Expires' with the reference to the same I -94 record number mentioned as till '01/06/2020'. ( I believe they have updated the 'date status expiry' based on
my old I-797 Petition which was valid till 2020)

Now can you suggest am I legal to stay in USA?
And what are the ways are applicable for this to apply or extend Petition?

[newacct]

Hi newacct,

Yes, That is my case now. The I-797A sheet of paper has petition validity duration and has I -94 record number not the exact date. But in the petition's I - 129 form I can see 'Date Status Expires' with the reference to the same I -94 record number mentioned as till '01/06/2020'. ( I believe they have updated the 'date status expiry' based on
my old I-797 Petition which was valid till 2020)

Now can you suggest am I legal to stay in USA?
And what are the ways are applicable for this to apply or extend Petition?

Hmm... Perhaps you can stay for a bit, but you cannot work past your petition expiry, unless there's a petition extension pending. Only your employer can extend your petition by filing another I-129. And since it's past 7/20/2018 now, if your employer hasn't filed an extension yet, it would be a late filing, and I don't think you can work on a pending extension if it's late.

[drahul118]

Hello drahul118,
Thanks for responding back. Do we have any grace period for applying Extension after I797 Expiry date (With I94 valid till June 2020)? Or do we need to travel back and apply as H1B cap exempt?

If you are working for a big company, please talk to your manager first and explain the situation at the same time escalate to your immigration team.
Also, Please consult an immigration attorney in your area to be clear.

This is a very tricky situation and I am not sure what is the right answer to your question.
I am really sorry. I hope you get this sorted out soon.