Dates confusion in i797

[aviusa]

Hi All,
I work for a MNC. I got by first H1 approval notice for client A but I did not get a chance to travel for that client. I travelled for client B and my company filed an amendment for that. I worked for client B sometime and moved to client C last year. Employer filed an amendment this time as well. I notice a difference in dates between all the approval notices I received. Below are the dates. Please let me know if I was ever 'out-of-status' and if these dates mismatch would affect green card processing by any chance.

Client A - i797 without i94 - March 2012 to November 2014
Stamping - March 2012 to November 2014

Travel to USA on December 2012 for client B. Got i94 valid till November 2014.
Client B - i797 with i94 - Jan 2013 to 23rd Jan 2014.
Travel to India during Feb 2014. (Did not go for stamping as I did not change employer).

Again travel to USA for Client C in Aug 2014. This time also got i94 till November 2014.
Client C - i797 with i94 - 21st Feb 2014 to October 2016.

My doubt is about the difference in these start and end dates, particularly about 23rd Jan 2014 and 21st Feb 2014.

[Kanmani]

aviusa,

Welcome to the forum.

Where were you during this H1B amendment - Client C - i797 with i94 - 21st Feb 2014 to October 2016.
will answer whether u are out of status or not.

Technically which I-94 the latest is the question?

Whenever you have an H1B approval Notice in hand which has an end date beyond the H1b Visa Stamp on your passport, you must show that to the Airport-CBP (immigration counter) to get the I-94 card extended to latest date. You missed that every time you entered.

[aviusa]

Thank you Kanmani for your reply. Below are my travel dates.

Client A - i797 without i94 - March 2012 to November 2014
Stamping - March 2012 to November 2014

****************************************
I travelled to US (first time) for Client B after my company submitted a LCA. The travel was done in November 2012. I got i94 until November 2014.
I travelled to India in Feb 2013. Got the amended petition for client B which was valid from Jan 2013 to 23rd Jan 2014.
*******************************************

I travelled to US Client C after my company submitted a LCA. The travel was done in August 2013. I got i94 until November 2014 (as stamped in passport).
During March 2014, I received the petition for client C - 21st Feb 2014 to October 2016.
*******************************************

I travelled to India in June 2014 for 2 week vacation. Did not go for stamping as I did not change employer. While returning, I showed the client C petition at POE.
Got i94 until October 2016 this time. I never overstayed my i94 at any point of time. The only issue is that I worked from 24th Jan 2014 to 21st Feb 2014 without H1B.

[Kanmani]

That's not a problem. USCIS does a lot kind of this, discontinue the H1b date chain. It is fine as long as the previous H1b is not expired between original approval and amendment.

No need to worry. Keep all the copies of amendments and approvals documented.

[aviusa]

Thank you Kanmani once again. I am not following this line.
//It is fine as long as the previous H1b is not expired between original approval and amendment.//
Please elaborate.

Thanks

[Kanmani]

As said earlier, in many cases, USCIS approves the petition with a current calendar date as a start of H1B to 2/3 years from that date (It should be the period requested in the petition by the attorney- H1b start date should match the first day of employment in the new company)

Occasionally, when there is an extension with the same company, the new H1b petition's validity should start right after the expiry of the previous approval. If USCIS approves from the current calendar date, then there will be a gap between H1B expiry and new extension.

That's not happened to you. You are fine.

[aviusa]

Kanmani, sorry if am bugging you too much. I am very happy that you are helping me.
// If USCIS approves from the current calendar date, then there will be a gap between H1B expiry and new extension.
That's not happened to you. You are fine. //
Actually that's what happened to me right ? My extension was within the same company and I have a gap between H1B expiry (23rd Jan 2014) and new extension (21st Feb 2014).

[Pundit Arjun]

Kanmani, sorry if am bugging you too much. I am very happy that you are helping me.
// If USCIS approves from the current calendar date, then there will be a gap between H1B expiry and new extension.
That's not happened to you. You are fine. //
Actually that's what happened to me right ? My extension was within the same company and I have a gap between H1B expiry (23rd Jan 2014) and new extension (21st Feb 2014).

aviusa,


Since your I-94 was valid, I don't think there is a problem. Please check with an attorney as well.

Mine is same as Kamani's with regard to H1B extension dates.

If you have your I-9 form copy that you gave to your employer each time, please review the same for clues. Sometimes, I forget the details until I review the I-9 Copy.

[aviusa]

Thank you Pundit Arjun. My company HR said that there are new issues with these dates. However I am yet to get a reply from my attorneys.

[Kanmani]

aviusa,

I missed that end date approval for client B.

Actually my husband got one like that- gap between expiry and extension start date. We happened to consult with Murthy firm for our case ( confusion over company acquisition) and at that time, I raised those questions. They said it is ok. But I still have not gotten over it from my mind, as our GCs are still pending. We have been issued with several RFEs after applying I-485 , none of them referred to that gap period.

I think it should be ok. For the sake of your peace of mind, consult with an attorney to get opinion on any other amendment needed. (if at all )

[Kanmani]

Arjun,

Any updates on EAD? Have u raised SR?

[Pundit Arjun]

Arjun,

Any updates on EAD? Have u raised SR?
Hi Kanmani,

No progress yet. We did raise SRs and are waiting with our fingers crossed.
We are also taking the help of Senator's office since we are close to EAD and DL expiration :(. Will keep you and rest of the folks posted.