Tweet
Extension received with i-94 - the old H1 holds thru May 2020.
05-22-2019, 07:54 AM
Hi, Please help me.
1. In last 2018 April I moved to NC from Ohio, by then I had a h1 with i-94 valid thru 2020.
2 When my project was done in Ohio in April 2018, my employer filed amendment for NC for new project.
3. Received i-797 with i94 in first week of Nov 2018. The approval notice expired by 10/23/2018 and the i-94 expired by 11/2/2018. Note that the given extension was already expired by the time we received it.
4. Employer filed extension on 11/30/2018 (filed after expiry of the latest i-94) in regular process.
5. CIS replied in April 2019 with i-797 partially approved - got h1 till April 2020 but without i-94.
6. Looking at the above history, the client determined that I have been unlawfully present over 180 days so suspended my project. Subsequently my employer terminated my job as the vendor stops paying him. btw new h1 on i-140 is being in progress with a new employer for same project/client.
Below are the latest H1s:
1. H1 with i-94 valid thru May 2020. Issued in Nov 2017 for Ohio.
2. H1 with i-94 valid thru 10/23/2018 - received on amendment for NC filed in April 2018.
3. H1 till April 2020 without i-94 - received on the extension filed in Nov 2018.
I contacted 4 attorneys, except one rest all said that I am illegal here by crossing 180 days (since last Oct 23) of unlawful presence, but one says I am legal because my old h1 for Ohio is still valid thru May 2020.
I am getting panic and confused whether I am legal or illegal to stay in USA. Please help me with your views. Please let me for more details.
05-22-2019, 07:54 AM
Hi, Please help me.
1. In last 2018 April I moved to NC from Ohio, by then I had a h1 with i-94 valid thru 2020.
2 When my project was done in Ohio in April 2018, my employer filed amendment for NC for new project.
3. Received i-797 with i94 in first week of Nov 2018. The approval notice expired by 10/23/2018 and the i-94 expired by 11/2/2018. Note that the given extension was already expired by the time we received it.
4. Employer filed extension on 11/30/2018 (filed after expiry of the latest i-94) in regular process.
5. CIS replied in April 2019 with i-797 partially approved - got h1 till April 2020 but without i-94.
6. Looking at the above history, the client determined that I have been unlawfully present over 180 days so suspended my project. Subsequently my employer terminated my job as the vendor stops paying him. btw new h1 on i-140 is being in progress with a new employer for same project/client.
Below are the latest H1s:
1. H1 with i-94 valid thru May 2020. Issued in Nov 2017 for Ohio.
2. H1 with i-94 valid thru 10/23/2018 - received on amendment for NC filed in April 2018.
3. H1 till April 2020 without i-94 - received on the extension filed in Nov 2018.
I contacted 4 attorneys, except one rest all said that I am illegal here by crossing 180 days (since last Oct 23) of unlawful presence, but one says I am legal because my old h1 for Ohio is still valid thru May 2020.
I am getting panic and confused whether I am legal or illegal to stay in USA. Please help me with your views. Please let me for more details.
