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Posted on 22 Sep 2009
Q.

I-94 duration stamped is less than H1 petition date

I was on F-1 Visa from Jan2001-August2006 and on OPT from Oct2006-Oct2007
then on H1 from Oct2007-now (Petition duration Oct2007-Sep2010). In Jun2008 I visited my home country (Jordan) for the first time on my H1 Status. I got the H1 Visa stamped on the passport for a duration of 1 year. When I entered the US, the immig. officer stamped my I-94 for a duration of 1 year (until Jun2009), instead of what's left from my H1 Petition's duration (Sep2010).
I am about to start filing the Perm for the GC, but my company's lawyer says that I am out of status because my I-94 expired in June (she says the officer stamped it for 1 yr becoz of a reciprocal act with Jordan). Now she wants to file an I-94 extension for me? Is that correct? I thought status is based on H1 Petition duration, not on I-94?

User's Location: Washington, District of Columbia, United States of America
Category: H1B Visa (Work Visa)
Posted on 24 Sep 2009
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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