Advice on I-94 and status.

Asked over 1 year ago - Natick, MA

I entered U . S on 1 visa , my I - 94 was marked S . After completing the MS program , when I applied for HOB , I got the I - 797 approval without the I - 94 . At that time , I did not realize the approval did not have I - 94 number and my attorney did not mention anything about it . I stayed in the US for about a year and a half assuming that I was in - status because my HOB was approved . I left to India and got my visa stamping done . Now I have a valid I - 94 in my passport . Does this mean I was out of status between the time I got my I - 797 approved and the time I left for India ? ? Now that I am back in the U . S what can I do to fix it if I was out - of - status .

Additional information

correction - entered US on F1 visa, first I-94 marked as DS

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I wouldn't worry. From your recounting the facts it seems that you were in valid status at all times.

    In any event, your last entry and lawful admission on H-1B status "cured" any periods of "unlawful presence" or lapses you might have had. I believe you've had none since you started working fr the petitioning employer as soon as the H-1b was approved.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Stephen D. Berman

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you were granted a change of status and did not overstay, then you were not out of status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  3. Christian Schmidt

    Contributor Level 19

    4

    Lawyers agree

    Answered . Hard to say without seeing the documentation. It appears that your employer did not request a change of status if you received an H-1B approval without a replacement I-94. This would mean that you did not maintain your status. On the other hand, you were granted an H-1B visa and allowed to reenter. You are now in status but may have been out of status during your prior stay. However, your admission as a student prevented you from accruing unlawful presence.

  4. David B Pittman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Sounds like this is not a worry and you did not do anything to jeopardize your situation

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,067 answers this week

3,016 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,067 answers this week

3,016 attorneys answering