Petition Approved but the i94 is not back dated

[Dinakaran]

Hi,

I'm currently in US and my visa got expired on 25-Jul-2016, I've applied  for visa extension in April,2016.  recently my petition got approved and I've received the i797 and updated i94.

On the new i94 the visa valid from date is mentioned as 13-Jan-2017, so is my stay between 26-Jul-2016 to 12-Jan-2017 legal? some of my friends are telling me that it's illegal and I've to reach my attorney to correct the i94 to back date it from 26-Jul-2016. I'm not sure on this.

can someone clarify this?

Do USCIS issue back dated i94?

 

Thanks,

Dina

[JoeF]

The I-94 is never backdated. It is always valid from the approval date at the earliest.

If the application was filed before the old I-94 expired, you have been legal all the time.

 

[pontevecchio]

It is absolutely legal. They do not backdate. The very fact that you got an I94 which is proof of status is ipso facto proof that you are legal. Maybe ask a Lawyer instead of friends about such matters.

[Dinakaran]

Awesom!  Thank you guys!   that's all I need.

Sometimes web contents are misleading and colleagues also scare you. 

[Dinakaran]

Strangely my wife's H4 approval is backdated, her visa got approved  on 14-Feb-2017, but the i94 starts from 26-Jul-2016, so looks like USCIS has option to backdate, any one got any ideas??

[shekar11#]

20 hours ago, Dinakaran said:

Strangely my wife's H4 approval is backdated, her visa got approved  on 14-Feb-2017, but the i94 starts from 26-Jul-2016, so looks like USCIS has option to backdate, any one got any ideas??

It happens sometimes.

[pontevecchio]

It does not matter to you. Just move on.