I-94 problem for I-485.

[vissanj]

I would really appreciate if some one can shed light on this problem:

We are trying to apply I-485, Attorney is gathering all my previous I-94s since I came to US in 2000.
Here is the problem identified by my Attorney:

1. I have been with the current company since 2000.

2. We applied for H1B extension in Nov 2002. At that time I had I-94 until 01/14/2003.

3. H1B Approval received in June 2003 with Effective date from 06/05/2003 to 10/21/2005. Approved H1B has Receipt date of 11/04/2002, Notice date 06/05/2003.

4. The number on I-94 matched with the number on old I-94.

Based on this information what was my status from 01/15/2003 through 06/05/2003. Was I out of Status?

Back then I had no clue about the effective dates so I did not verify it.

If its a problem is there a way to fix it? amend it?

[ramaonline]

i485 requires that u shld be in status at the time of filing 485 - previous i94s copies are usually not mandatory

even if u have a status question for 5 months - this will be overlooked by uscis as they are supposed to allow up to 6 mths of unauthorized status which is accrued inadvertently. the recent murthy bulletin explains this in detail.

[factoryman]

that is valid till Oct 2008 and all approval notices (first H1, H1 renewals and H1 transfer). Of course, I have continuous validity with no gaps.

If you had a gap, your renewal wouldn't have come. You don't have to worry. Let them go through and figure it out.

[vissanj]

Thanks. You guys are awesome. That helps.

[coolstonesa]

Only the current I-94 is needed to file I-485. You don't have to send past ones.

Originally Posted by vissanj

I would really appreciate if some one can shed light on this problem:

We are trying to apply I-485, Attorney is gathering all my previous I-94s since I came to US in 2000.
Here is the problem identified by my Attorney:

1. I have been with the current company since 2000.

2. We applied for H1B extension in Nov 2002. At that time I had I-94 until 01/14/2003.

3. H1B Approval received in June 2003 with Effective date from 06/05/2003 to 10/21/2005. Approved H1B has Receipt date of 11/04/2002, Notice date 06/05/2003.

4. The number on I-94 matched with the number on old I-94.

Based on this information what was my status from 01/15/2003 through 06/05/2003. Was I out of Status?

Back then I had no clue about the effective dates so I did not verify it.

If its a problem is there a way to fix it? amend it?

[desibob]

Vissanj,

I think you were in status from 1/15/2003 to 6/5/2003 as the application for H1B was filed before 1/15/2003 (I am assuming that your earlier H1B was valid until 1/15/2003 in addition to valid I-94).

Here is an extract from visalaw.com

<<<<<<<<In October 2000, former President Clinton signed the American Competitiveness in the Twenty-First Century Act (AC21). One of the most sought after provisions in AC21 is the “portability” provision, which eases the process of changing jobs. Under it, H-1B workers can begin working for a new employer as soon as the new employer files an H-1B petition for the worker. In the past, the worker had to wait for the petition to be approved before he could begin working for the new employer. Because this provision applies to petitions for new employment filed before or after the enactment of AC21, workers for whom a new petition was filed can begin work for the new employer immediately.>>>>>

According this, you were in status (if this rule applies to changing employers, it must apply to visa extension with same employer). It happened to me too. I had one month gap in validity periods. However, my receipt date was before the expiration of my old H1B.

As ramaonline mentioned - your worse case is paying $1000 fine because USCIS is supposed to forgive your out of status up to 180 days.

Bob

[desibob]

Coolstonesa,

You are right about current I-94. However, I will remind every one here to make copies of ALL I-94s (front & back) as and when they get a new one.

Generally some of us forget to make copies and when we leave the country airlines take it away from us. In some cases, USCIS asked [as part of 485 RFE] for copies of front & back of ALL I-94s. While there may be other ways to handle such RFEs, we need to safeguard ourselves than worrying about it later.