I94 status issue - urgent

[swapna_yeleti]

Hello,

My H1B visa was approved and my I94 card which came with the I797A with h1b approval has incorrect spelling of the employer name. In order to correct that my attorney filed a I-102, while filing the I-102 he incorrectly stated my current visa status as F1 instead of H1B. USCIS approved the I-102 and sent me a new I-94 with status as F1 and start date the day I entered US and expiry date as Duration of Current Status. Am I out of status as my F1 VISA allready ended. Does this mean that my status was changed from H1B to F1. What are the possible options for me to get this corrected. Am I in trouble. It's really freaking me out. Please advice.

Thanks for reading

[txh1b]

The attorney needs to be involved in reinstating it nunc pro tunc if it happened due to the error. Go to a USCIS office and ask what your status is to confirm.

[swapna_yeleti]

txh1b

Hello Txh1b,

Thanks for your response. My question is how can a I-102 which is to correct a I94 change my status. I-102 cannot change my status right. If my status is still H1B, do you think I need a nunc pro trunc?

Thanks,
Swapna

[txh1b]

It should not change your status but however it did according to the I-94 that you have. The attorney may have to request another correction if not nunc pro tunc.

However, for any immigration benefit, the burden of proof is on you. What proof do you have without the correction that you are in the status that you claim to be that needs to be produced anytime from now till you choose to remain in the US.