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notreal
01-09-2012, 03:46 PM
My I94 got expired Nov 2010(the day my passport got expired) i have applied for new passport.My H1 B visa is valid till March.Can someone advice if i have gone out of status or i am okay ..I am little concerned!:mad::confused:

njverifier
01-09-2012, 04:13 PM
My I94 got expired Nov 2010(the day my passport got expired) i have applied for new passport.My H1 B visa is valid till March.Can someone advice if i have gone out of status or i am okay ..I am little concerned!:mad::confused:

Your H1 Approval notice has an I-94 attached to it. You are not out of status as long as you are in H1 status(always follow I-94 on your H1 approval), If you get H1 extended for another 3 years then you will get a new Approval notice with I-94 attached to it for another 3 years. your I-94 attached to the passport might expire early, it does not matter. Do not panic. Contact your attorney if you have doubts.

kuyil
01-09-2012, 04:19 PM
notreal

which is the latest I-94 ? the one attached to H1b approval notice or the one issued at the Airport?

Your status is counted asper the latest I-94 received .

thomachan72
01-09-2012, 04:38 PM
If you have stayed beyond the date on the latest issued I-94 then yes you could be out of status.

kris09
01-09-2012, 04:48 PM
I doubt if that is entirely accurate, by that i mean, other member's assessment that you could be out of status - contact an attorney. Its a bit tricky and depends on some other parameters. You might be okay in my opinion, however, you should be _very_ concerned. I-94 issues are not to be taken lightly.

njverifier
01-09-2012, 04:49 PM
If you have stayed beyond the date on the latest issued I-94 then yes you could be out of status.

Guys, I was in this situation and I clarified it with my attorney several times. After that I extended my H1 2 times. Hope this helps.

Same is the case for the Parolees. Paroled guys will get I-94 just till the last day of AP expiration. How do you think they are not out of status after their I-94 expires?

Thanks much.

njverifier
01-09-2012, 04:57 PM
If you have stayed beyond the date on the latest issued I-94 then yes you could be out of status.

Just to add one more thing. I am using an AP to travel but I am still on H1. Last time I entered US was on Dec 13th, 2011 and my I-94 expires in one year but my H1 expires in 2014. And I was in this situation before I got my H1 extended for 3rd time in Feb 2011.

Below are the words from my attorney's email, our attorneys are one of the best:

"No, you should not be concerned about the I-94 expiration. For purposes of your H-1B status, you still have an I-94 that is valid until 2/6/14."