View Full Version : Need Help!! Was out of status for H1B but I-94 never expired

07-12-2011, 12:03 PM
My situation:
1st H1B in US from Company A October 2006 stamped on passport expired April 2011.
April 2010 filed H1B with company B. Left company A and joined B.
June 2010: H1B denied for company B
August 2010: appeal to H1B and a new H1B is filed.
USCIS held second H1B in lieu of appeal decision.
Till today both applications are pending.
February 2011: H1B filed by company C.
March 2011: H1B denied for company C.
April 2011: filed for H4 change of status before I94 expiry in April.
April 2011: H4 approved with new I94.
April 2011: Another H1filed by company C.
June 2011: H1B approved with new I94 with extension based on approved I140 from company A.

H1B out of status from June 2010 to April 2011.
No unlawful presence as no gap in I94s.
Priority date from company A is April 2008. Hoping to maintain this date with company C.
Before I 485 (possibly in a year), need to go out of US and come back using Auto Visa Revalidation so that the last date of entry can be stamped and for I-485 they will check the status after last entry.
Could out of status be a problem at port of entry while using AVR?
Do the immigration officer check that I was out of status at some point or they are only interested in that I am maintaining the status currently? Please note: they will be looking at the visa stamped on my passport which expired April 2011. But this visa was canceled by company A in May 2010. Then they will look at the H4 and then change of status from H4 to H1 in June 2011.
How can I get new I-94?
Will I get date of last entry stamped on passport? If not, is there a way to get it.
I spoke with my immigration lawyers and "nunc pro tunc" is not viable in my case. Visa stamping is a huge risk. AVR seems to be the best option so far.