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crater1

I94 Expired 7 Months ago

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My I94 got expired in OCT 2016 because my passport got expired the same day. I have a valid H1B visa which I got in Dec 2015 & I went to India in same month & got my visa stamped. Now that I realized that my I94 got expired & its been 7 months ago also my I140 is in process, what are my options?

Can I go to Mexico border for getting new I94, if so is it safe to go now and which place or shall I take vacation to visit India for a week & come back that way. Guys its urgent please let me know what are my options. Thanks.

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Talk to a lawyer as a matter of urgency. Do not leave the country till the matter is sorted. It may mean a nunc pro tunc application.

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3 hours ago, crater1 said:

My I94 got expired in OCT 2016 because my passport got expired the same day. I have a valid H1B visa which I got in Dec 2015 & I went to India in same month & got my visa stamped. Now that I realized that my I94 got expired & its been 7 months ago also my I140 is in process, what are my options?

Can I go to Mexico border for getting new I94, if so is it safe to go now and which place or shall I take vacation to visit India for a week & come back that way. Guys its urgent please let me know what are my options. Thanks.

You need to consult an attorney immediately. Do not go out of country.

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First of all thanks for your advises. After further research I planned to take chances to go Otay Mesa CBP office.  

 

Made the payment of 6$ for I94 form & waited in the line for 25 Mins until I was called. After looking at my passport & visa he asked me why did I come. I responded saying that I need a new I94 as my previous one was linked to the old passport. He said that I don't need it as I have a valid H1B visa. He checked in his computer for some more time & asked for my license.  After typing for some more time, he gave me new I94. It's a straight forward process ,do not get tensed.

 

To summarize, If you have a VALID H1B VISA & stamped I recommend going to border & get I94 updated. You DO NOT need to cross the border as well, the office is on the US side open 6AM to 10PM everyday but check before going. Hope this helps many people.

 

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You were incredibly lucky if the initial facts were as stated. You could have had a 3 year ban for doing this. But you got an Officer with not much clue and hence you got away with it. Anybody in your situation should first get legal guidance.

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He also checked with Officer next to him & both were on the same page.

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