Hi,
My employer had filed for H1B extension approved on Nov 2007 (I did not knew about it) with I94 expiring on 08/2010. I went to India & came to USA in May 2008 & got I94 with expiry date on Sep 2008.
After coming back from India my employer handed me H1B extension & told me that I have valid I94 till 08/2010. So I never bother about exp. date on I-94. But now my lawyer is saying that I'm overstaying illegally as my I-94 has expired. So she is suggesting me to go to USCIS office & take Deferred Inspection appointment & get my I-94 updated with new dates i.e. Aug 2010.
I want to know what are my options. Is going for deferred inspection is good idea & do I need to take my lawyer with me or I should go to India & re-enter US?
Just to summarize dates:
------------------------
I-94 Exp date: Sep 2008 (Issued on May 2008)
I-797 (extension) Date : Nov 2007 - Aug 2010 (Approved/Issued on Nov 2007)
H1B Visa Exp date: Sep 2008
India Visit: March 2008 - May 2008
Thanks for looking into this!!!
My employer had filed for H1B extension approved on Nov 2007 (I did not knew about it) with I94 expiring on 08/2010. I went to India & came to USA in May 2008 & got I94 with expiry date on Sep 2008.
After coming back from India my employer handed me H1B extension & told me that I have valid I94 till 08/2010. So I never bother about exp. date on I-94. But now my lawyer is saying that I'm overstaying illegally as my I-94 has expired. So she is suggesting me to go to USCIS office & take Deferred Inspection appointment & get my I-94 updated with new dates i.e. Aug 2010.
I want to know what are my options. Is going for deferred inspection is good idea & do I need to take my lawyer with me or I should go to India & re-enter US?
Just to summarize dates:
------------------------
I-94 Exp date: Sep 2008 (Issued on May 2008)
I-797 (extension) Date : Nov 2007 - Aug 2010 (Approved/Issued on Nov 2007)
H1B Visa Exp date: Sep 2008
India Visit: March 2008 - May 2008
Thanks for looking into this!!!
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