Immigration Site

I had gone to India on vacation. On coming into US I used my old Visa which is valid only till end of June and my I-94 got stamped till end of June of 2005. I do have a valid H1-B till the end of next year 2006, but since I did not get an appointment in time I did not stamp that new Visa in the passport.

I have also applied for an EAD which I should get in about 2 months from now i.e. by end of July.

But my lawyers are saying that between end of June till the time I get my EAD, I am not allowed to stay in the US. They are insiting that I go out of the country or file an H1-B extension. Is that required? Does INS ever check if my I-94 stamp was overstayed? I actually have a valid H1-B and EAD is on the way.

Someone please help me understand this.

Thanks,
needgc1701

I had a similar experience last September. My visa stamp was expiring at the end of December 2004, so the clerk at the border stamps my I-94 with 12/31/04 expiration. Meanwhile my H1B status is valid until 10/31/07. So I asked why would she not put that as the expiration date since my visa has nothing to do with my status. She becomes really defensive and sarcastically states, "you probably know more about this than I do." The really sad part is that yes, I did know more than she did. It took an extra 40 minutes of arguing (there was no way I was leaving with December expiration on my I-94) and a supervisor, but the issue was finally resolved. This happened at LAX, you would think they have plenty of experience dealing with all kinds of documents, visas and whatnot.

I would assume that either filing form 539 or a quick trip to Canada or Mexico should resolve your issue, but I would consult with someone else. Good luck!

Thanks 2ltl2l8 for the information!

Can someone still tell me if it is necessary to extend the I-94 date, even though I have a valid H1-B Visa till June 2006? I know a few friends who are staying like that, but my lawyer is insisting that I file an extension or something.

Someone help!

I think Lawyer is right. You cant overstay beyond I94 date. You should have discussed this issue with the officer at airport. He must endrose valid H1B approval date not visa expiry date. It really matters when you go for GC process.

I suggest go out of country and get I94 stamp with H1 approval date before your H1 stamping expires.