First H1B FROM 2007- SEP 2010
SECOND H1B STAMPING FROM AUG 2010-AUG 2011 our I-94 EXPIRED AUG 2011 BUT my I 797 is until APR 2013. Do I need to leave the country to have stamp again my H1B and another I 94 in my passport? I am not planning to travel abroad. I have been reading that people who have an expired visa and I 94 are under illegal stay is that correct?
If you never travel abroad you do not need a new visa. Your I-94 controls your status while you are in the US. The visa is the entry document into the US. Thus, if you leave the US, you will ned a valid visa to return
You are using many terms of art, therefore best to check with an immigration attorney , showing him/her all your docs
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
You need to contact an attorney immediately. There is something called the last action rule, which governs whether you are in or out of status. The fact scenario you describe seems to indicate at time of your last entry you were given an I-94 that has expired in August 2011. It is unclear whether or not the I797 that has a validity through April 2013, was approved before or after that last entry. The rule is that the "last action" governs, which if it is your entry means you've been out of status for more than 6 months possibly subjecting you to a three year bar if you depart. If this is true, you must address this matter immediately
You only need a visa stamp if:
1) you are traveling abroad
2) USCIS did not extend your status.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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