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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28188
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I returned to USA in March 2015 on H1B visa after a

Customer Question

I returned to USA in March 2015 on H1B visa after a vacation. The visa & I-797 is valid till Aug 2016. But, Since the passport was expiring on 04/02/2016, I-94 expiry date given in the passport as 04/02/2016 at the time of port of entry. After I came to USA my employer filed H1B amendment in 09/2015 as my work location changed. I got my passport renewed in US and then In 03/2016 my employer filed H1B extension in premium processing. The H1B extension approved on 03/28/2016. Unfortunately the USCIS issued the I-797 notice with start date as 09/01/2016 instead of 04/03/2016. Looks like they missed to notice my I-94 end date 04/02/206. My employer lawyer next day contacted(as per them) USCIS and informed about the incorrect start date. After a few days on 04/06/2016, my amendment got approved with end date 04/02/2016. We are still waiting on the USCIS response.I am totally confused with USCIS process. Is the last action rule applies in my case?
What are my options to stay in US and maintain valid status?
How long I can wait for USCIS response?Please let me know if you would need more information from meThanks
Venkat
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Judith replied 7 months ago.
4/2/16 has passed already so I am confused on why your lawyer did not before this date request an extension until August if you had your passport renewed.Judith
Customer: replied 7 months ago.
I think you did not read my complete message. The extension was filed in 03/2016.
Customer: replied 7 months ago.
I am not willing to take phone calls on this matter. Please do not call me
Expert:  Judith replied 7 months ago.
I did not offer you a phone call, did not suggest such and has never been my intend to do so.Please discuss your displeasure with Customer Service. I do not understand the end date of the extension filed and approved:"The H1B extension approved on 03/28/2016."I do not know if your attorney requested an extension with the amendment until 9/1/2016. That would be required. If he did and USCIS failed to extend the amended petition then USCIS made an error and Your attorney would need to file an I-290B for them to correct their mistake.Whichever I-94 you received since re-entry is controlling under the last action rule. Any I-94 which was valid beyond that date is superceded by the I-94 received since entry.Judith
Customer: replied 7 months ago.
my apologies for the confusion on the "phone call". Actually the response I received automatically added some content with a button "Call Me". I accidentally clicked on that. Then I contacted Customer Care to not to call me. They suggested me to add a comment here.Let me clearly mention the dates(1). Entered USA in March 2015 on H1B visa, I-797 valid till Aug 31, 2016, I-94 given April 02, 2016 at the port of entry as passport expires on this date .
(2). H1B amendment filed - USCIS receipt Date Sep 15, 2015. Approved Date April 06, 2016. Valid From March 26, 2016 to April 02, 2016. This is filed for work location change. Regular processing
(3). Passport renewed in December, 2015 in the USA.
(4). H1B extension filed - USCIS receipt date March 17, 2016. Approved Date March 28, 2016. Valid from Sep 01, 2016 to Aug 31, 2017. This is filed under premium processing.Please note that this one is approved before the H1B amendment mentioned in point (2) above. When filing the H1B extension my attorney mentioned current status end date as 08/31/2016 in the petition.Here are my questions
So which I-94 is in action now?
What are my options to stay in US and maintain valid status?
Expert:  Judith replied 7 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer..Please note that this one is approved before the H1B amendment mentioned in point (2) above. When filing the H1B extension my attorney mentioned current status end date as 08/31/2016 in the petition.1, did the amendment petition that was approved through 8/31/17 for a change in location 2. as well as a request for extension of stay. In other words did the petition state the new location, 3. have an LCA for new location and ask for additional time? You set this question at very lowest value. I certainly hope you will consider a bonus as it has taken considerable time because of the lack of straight forward facts as you have finally given.Judith Answer these three questioins and I can answer your question as to whether yuo may remain until 8;/31/17.Judith
Customer: replied 7 months ago.
1, did the amendment petition that was approved through 8/31/17 for a change in location
No. the end date on this I-797 is April 02, 2016. I did mention this in (2) above. this valid only for 6 days from Valid From March 26, 2016 to April 02, 2016
2. as well as a request for extension of stay. In other words did the petition state the new location,
No. I think the petition is only for location change. The fee paid is $325 only.
3. have an LCA for new location and ask for additional time?
Customer: replied 7 months ago.
LCA is filed but not sure if it asked for any additional timeAlso note that by the time H1B amendment is filed, the passport was not renewed
Expert:  Judith replied 7 months ago.
You have to have a new amended petition that is extended beyond the date your I-94 expired.Your lawyer"did the amendment petition that was approved through 8/31/17 for a change in location"It seems USCIS overlooked you had two pending files and Your lawyer should contact PPU and they can easily correct their error in not providing you an I-94 t5h4outh 5he 2017 date with out filing a new petition all over again., I am sure you understand your positive ratingis very important to me as we are not on salary and that is how we receivecompensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will beyour personal immigration expert.Judith , I am sure you understand your positive ratingis very important to me as we are not on salary and that is how we receivecompensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will beyour personal immigration expert.Judith

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