!-94 expired Feb 2011, but I797 not until July

[brienjo]

My I-94 stamped date was Feb 6, 2011 because that was the date my passport expired. I have applied for my new passport but I am still waiting on it, I have talked to my company's immigration people and they say I am now out of status. I was under the impression that the I-797 was the date to go by, and the I-94 only for travelling in and out of the country. If I get my new passports soon what are my options, does anyone know?

Also, even if I had got my new passports before Feb 6, 2011 date on my I-94 would I still be out of status? Would I have had to go to the border to get new I-94?

[kabkaba]

You are not just out of status, but illegal. I-94 date is the allowed duration of stay. Petition approval notice has the duration of work authorization only (unless approval notice has an I-94 at the bottom). As soon as you get your new passport, leave the US and return to get a new I-94.

[brienjo]

My i797 has an I-94 on the bottom with the July date, so does the I-94 given to me at the border supersede this?

[kabkaba]

Depends on which I-94 was issued last.