I-94 Expired, But I797 valid. Urgent..Please help

[maheshnalla]

Hi 

 

My I-94 is expired on 02/28/2016, but my visa and I797 valid until Oct 2017. It's been 153 days  now.

 

In sep 2015, I went to cancun and got I-94 valid until 02/28/2016, because my passport is valid until 02/28/2016. I extended my passport and got a new one valid until 2026. 

 

Please let me know if i need to travel to Canada/Mexico or India to get my i-94 extension or is it ok if i don't travel now, and whenever I travel out of US will I get I-94 extension?

 

Please let me know  

 

Thanks,

Mahesh

[mxr38728]

Hi,

 

I was in the same situation 4 years back. Technically you are over staying now as it appears that latest issued i-94 is from the port of entry. Please note that I-94 date of I-797 is not valid at moment because the latest issue one overrides the previous one. Going out of the country and coming back may be too risky. My lawyer told me the same thing, but I told him to apply H1b extension. I would ask him to use the procedure called Pro Nun Tunc, which means that "If not now, then consider back" something like that. Google it. What my lawyer did was he applied h1b extension and also we attached a letter from him and another letter from me, explaining what happened. WHat I learned is this is a very common thing. Good luck!!

[pontevecchio]

If the overstay is more than 180 days you run the risk of a 3 year ban on entry into this country. Inform your company and have the company Lawyer help you. You can certainly go to the Tijuana border and return with a new I94.