Legal Question in Immigration Law in Wisconsin

Hello,

I currently work in the US on an H1B visa (valid from May 25, 2008 to May 22, 2011). I activated this status by entering the US on August 15, 2008 (10 days before the start date on the I-797 approval notice) when I received the current, valid I-94 (expires May 22, 2011, same time with the status). In the meantime I travelled in and out of the US quite a few times (have a Visa in my passport obtained in July 2008 in my homecountry, Visa that also matches the expiration date of my status).

Before this, I worked for another employer on an H1B status that expired May 16, 2008. I left the US on May 15, 2008 to avoid overstaying for even one day and I returned as I described above (August 15, activating my new H1B). However, I just realized I had no way of proving that I did, indeed, leave before May 16, 2008. I only have proof I purchased a plane ticket in March 2008 with departure date May 15 (my travel agent sent me a copy of itinerary+receipt). I did not keep the boarding pass and do not have an entry stamp in Europe (since my country joined EU in 2007, they do not stamp anything in our passports as we travel through Europe). Now, I did leave the I-94 that I had at the time at the Port of Exit, so maybe I am just being paranoid (especially since, 3 months later I was readmitted legally into US and then even travelled internationally many times) but I will soon be in AOS status (my LC just got approved and will soon file concurrently the I-140 & I-485) and I wonder whether this issue might come up when the case officer goes over my file. Could there be a problem? Thanks!


Asked on 3/27/10, 3:28 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Surrendering the form I-94 surves exactly this purpose: notifying the government of your timely departure. It appears that you did it when you left the country.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 4/01/10, 3:32 pm


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