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Thread: I-94 Issue on H1B & I485 Application

  1. #1

    I-94 Issue on H1B & I485 Application

    All,
    Here is the situation:

    1. Out to India and Entered US -> on Mar 7th 2011 -> I-94 "XYZ" Issued at POE until Oct 1st 2011 (since passport is expiring)
    2. Aug 2nd 2011 -> Applied H1B Extension using I-94 "XYZ"
    3. Passport Extension applied
    4. Out to India and Entered US -> on Oct 3rd 2011 -> I-94 "ABC" Issued at POE until Dec 1st 2011 (since H1b is valid until Dec 1st 2011)
    5. Applied I-485 -> on Dec 1st 2011 using I-94 "ABC" (latest I-94 from passport)
    6. H1B Extension approved -> on Dec 21st 2011 BUT the I-94 on H1B is having "XYZ" and valid from Oct 2nd 2011 to 2014 (INSTEAD of having ABC and valid from Dec 2nd 2011)

    Questions:
    ----------
    1. H1b Extension having OLD I-94 XYZ is it a problem? Do i need to apply for amendmant?
    2. AOS is applied using Latest I-94 ABC from passport? any problem?

    Thanks,
    -Krishna

  2. #2
    Yoda
    Join Date
    Jul 2011
    Location
    New Jersey
    Posts
    313

    I-94 Issue on H1B & I485 Application

    Usually the current I-94 should be the valid one and all I-94s together show that you were in status all the time. Better to consult a lawyer and see if an amendement is needed to correct the details, since the old XYZ I-94 should be back with USCIS when you travelled out of the country.

  3. #3
    Thank you for the reply, i will check with the attorney.

    Thanks,

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