Legal Question in Immigration Law in California

My employer filed for H1B extension on July 15th 2014 in non premium mode, my I797 was valid till 10/03/2014 and I-94 till 10/13/2014 when Extension was applied. Unfortunately, I travelled outside US on a 2 day vacation while my extension was pending and came back to US on July 7th 2014. I received a new I-94 almost similar to my previously issued 1-94 ending on Oct 3rd 2014. I was not aware that it will affect my pending extension, I received RFE on July 29th 2014, and my employed replied the RFE last week. There was no mention of new I-94 in my required RFE documents, hence I did not submit new I-94. My H1B status have already expired on Oct 3rd 2014 and my RFE reply date is 21st Oct. My RFE documentation is already submitted. I got to know about the whole thing now. I am worried now what will be the outcome of my Extension application. Please help me how last action rule will be applicable for me.


Asked on 10/18/14, 1:19 am

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Since you were still in valid H-1B status when you re-entered the United States, I do not foresee an issue, especially since your trip was so brief.

However, if your employer had an attorney file your H-1B extension, it is always advisable to pose this question to their attorney, since s/he is the person representing you/the employer with this matter.

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Answered on 10/20/14, 12:26 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

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Answered on 10/22/14, 4:25 pm


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