View Full Version : India Travel while H1 Transfer is pending and I-94 validity Issue

09-14-2007, 05:23 PM
I have an issue with my I-94 and need your advice on this.

I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.

I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?

Could you please advice on my possible options on this issue?


09-14-2007, 05:33 PM

09-14-2007, 07:26 PM

09-15-2007, 02:42 PM
please .....

09-15-2007, 03:06 PM
Big mistake. Yes, your lawful stay in US ends on 30-Sep-2007.

With the Visa from company A expiring on 30-Sep-2007, why did you travel without getting the H1 papers from company B in hand?

You should have done either of the following

1) Got H1 stamping from company B before entering US (or)
2) Entered US with company A’s VISA (before it’s expiry) and company B’s H1 approval notice, so that the officer could stamp the I-94 as per company B’s end date.

All that you can do now is to leave the country before Sep 30th and renter US with VISA stamping from company B.