Tweet
Hi all
I have a question about my H1B/I-94 extension. Any suggestions/recommendations are welcome
My employer applied for I-94 extension on 20-Sep-2009 which was due for expiry on 10-Oct-2009. I-94 extension was approved in the month of January, 2010 but the new I-797 and I-94 shows the date only from 13-Jan-2010, which means, i did not have any extension/visa approval for the period from 11-Oct-2009 to 12-Jan-2010 (nearly 3.5 months) on documents.
A correction was filed by my employer to make this change in my extension period, but USCIS replied back saying that
"Dear Petitioner:
The following is provided in response to your inquiry sent to the xxxxxxx Service Center on April 19, 2010.Your case has been reviewed and it was determined that the final decision rendered on your case was accurate.No correction will be made because the start date on the petition was given from January 13, 2010, due to change of employment condition within the same company: xxxxxxxx"
But the petition applied by my employer clearly states that the extension is applied from 11-Oct-2009 (as my previous I94 expiry is 10-Oct-2009)
I got the I-94 extension approved within 180 days, but the extension papers don't cover the above mentioned 3.5 months. Can someone please confirm?
* But the extension papers (i.e) new I-94 and new I-797 has the dates only from 13-Jan-2010, which means i don't have my I-94 and I-797 for that period. Does this gap any reason of worry for me?
* Will i be considered as "out of status" for these 3.5 months? Is this a reason to worry?
* Will this be a problem when i go to India for stamping?
* Will this be a problem when green card processing happens in the future?
I have a question about my H1B/I-94 extension. Any suggestions/recommendations are welcome
My employer applied for I-94 extension on 20-Sep-2009 which was due for expiry on 10-Oct-2009. I-94 extension was approved in the month of January, 2010 but the new I-797 and I-94 shows the date only from 13-Jan-2010, which means, i did not have any extension/visa approval for the period from 11-Oct-2009 to 12-Jan-2010 (nearly 3.5 months) on documents.
A correction was filed by my employer to make this change in my extension period, but USCIS replied back saying that
"Dear Petitioner:
The following is provided in response to your inquiry sent to the xxxxxxx Service Center on April 19, 2010.Your case has been reviewed and it was determined that the final decision rendered on your case was accurate.No correction will be made because the start date on the petition was given from January 13, 2010, due to change of employment condition within the same company: xxxxxxxx"
But the petition applied by my employer clearly states that the extension is applied from 11-Oct-2009 (as my previous I94 expiry is 10-Oct-2009)
I got the I-94 extension approved within 180 days, but the extension papers don't cover the above mentioned 3.5 months. Can someone please confirm?
* But the extension papers (i.e) new I-94 and new I-797 has the dates only from 13-Jan-2010, which means i don't have my I-94 and I-797 for that period. Does this gap any reason of worry for me?
* Will i be considered as "out of status" for these 3.5 months? Is this a reason to worry?
* Will this be a problem when i go to India for stamping?
* Will this be a problem when green card processing happens in the future?
