H1 Extension RFE

[priyavisa]

Hi,

My I-94 expired on 12 March2009 and my company had applied for extension on 24dec 2008. I recd RFE in end march asking for my paystubs, company-client letters, my tax return etc. All docs were provided by my company and me as required.

I have now recd a second RFE asking for additional evidence. Under this they have asked for current and past I-94 copies and passport pages showing that I have not spent more than 6 years in this country (I have actually spent less than 2 years on H1 in total). I dont have a copy of my past I-94 pertaining to my 1 year stay here in 1999-2000.

1. Has anyone recd such a request? Is there any way to get a copy of an old I-94?

2. In case of a rejection, are we legally provided any time to leave the country (without accumulating Out of Status stay)?

Thanks in advance.

[txh1b]

1. Your CBP entry and exit/re-entry stamp from the passport might help you prove your length of stay. You may try to get the I-94 record from CBP by visiting the deferred inspection office at your local international airport.

2. If I-94 expired, you are out of luck as the illegal stay has already started if the case gets rejected.

[priyavisa]

but don't we legally get any time to leave the country if our visa extension gets denied? I'm asking this because if we are supposed to leave the country immediately after denial, then I'd rather plan and leave before the RFE response time is up....

thanks for your reply.

[txh1b]

30 days before deportation proceedings are undertaken. But you would continue to remain illegal until you leave if your I-94 expires. Some people mistake the 30 days to be legal status while it isn't.