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Question
I'm in US with H-1B Status and working for company-A, Got new H1 with Company-B. Went out of country and while coming back shown approval notice of Company-B H1 with Visa stamping of Company-A.
Officer gave me file and sent inside offcie. Their they questioned about my previous stay. I shown all my Company-A paychecks, Employment letter and H1 of Company-A.
Oficer has given I-94 and allowed me inside USA, but the I-94 was given for Company-A Validity. At that time i didn't observed it.
After coming inside found the issue, when i checked with my employer of Compnay-B they said i can use the I-94 which i got with my Company-B H1 approval notice.
Before the I-94 given by POE was going to expire i sent my passport for Visa stamping along with Company-B H1 approval notice and I-94. USCIS stamped my passport and returned the I-94 i had along with my H1.
Again i wnet out of country and came back on AdavanceParole and had latest I-94 with AOS.

Now i got RFE of my 1-485 questioning about my legal status and to send Passport copy and my Front and back of I-94. They questioned particularily about my previous entry since thats the last entry before applying my AOS(I-485).
As far i know i was never illegally stayed in USA. Have my all Paycheks and have all my valid H1s along with me.
Only concern i have here is the officer giving I-94 of Company-A while i have valid H1 for Company-B, but to be legal i sent my passport to USCIS asking for stamping and also got another valid H1 after this issue.


Is their any issue with my legal status? If so what can i do now?

Answer
Hi,

The I-94 issued at the POE was the latest action by the USCIS, and took precedence over the H-1B approval notice of Co. B. Therefore, your authorized stay expired when the I-94 issued at the POE expired, even if you sent your passport for visa stamping. Incidentally, a valid visa in the passport is relevant only to entry to the U.S., but an unexpired I-94 is required to maintain your legal status in the U.S. after entry into the U.S.

Therefore, there was a technical violation of status earlier. Please meet with an experienced lawyer specializing in Immigration Law to best answer the I-485 RFE.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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