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i-94 extension


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#1 nrao9

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Posted 01 June 2012 - 10:44 AM

Hi,

I have a question about my i-94 extension. me and my wife have received H1B and H4 extension in OCT 2011 which have been extended till 2015 so we have received new i-94s along with them. We had visited INDIA in November 2011 and returned in December 2011. At that time, my existing VISA was valid till Jan 30, 2012. My passport was valid till only Apr 2012, so custom's officer gave us new I-94 till Jan 2013 only. After checking the i-94 date, I had enquired in the air port that because of passport validity date is less than 6 months so the custom's officer did favour by giving it till Jan 2013. they also told me that, once my passport is renewed, i could go to nearby airport and get the i-94 extended as it is in my new 797.

I have applied my 485 as my PD got current in Feb 2012, received EAD and AP. my question now is, is it okay to go to air port to extend my i-94? I have doubt that what would be the implications as I have applied for 485 with my existing i-94 and getting it renewed without leaving the country?

Please advice on what to do?

Thanks.

#2 immigrationseeker

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Posted 01 June 2012 - 02:49 PM

There will be impact on your I485 by trying to extend your I94 status at a CBP near you.

#3 immigrationseeker

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Posted 04 June 2012 - 10:58 AM

There will be impact on your I485 by trying to extend your I94 status at a CBP near you.


Sorry typo, i meant no impact.

#4 nrao9

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Posted 04 June 2012 - 02:06 PM

Sorry typo, i meant no impact.


Thanks immigrationseeker for your reply.

Anybody please share their experience going to Dulles airport to extend the I-94?
Thanks

#5 san1850

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Posted 05 June 2012 - 02:33 PM

I went to dulles airport recently to extend my I 94, mine was more complicated then your scenario. I was accompained by an attorney from murthy firm. But the officer was pretty cool my attorney expalined the guy scenario in which i ended up with expired I 94 part of my mistake and part of CBP officer when i entered US previously. He corrected it without any fuss. Also when i did this correction my I 485 was already filled, i am still waiting for my approval though. I also saw couple of guys with there I 797 in hand and officer seemed really helping them. So you can go to dulles and get it corrected without any issues in your scenario i guess.

#6 nrao9

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Posted 06 June 2012 - 06:56 PM

I went to dulles airport recently to extend my I 94, mine was more complicated then your scenario. I was accompained by an attorney from murthy firm. But the officer was pretty cool my attorney expalined the guy scenario in which i ended up with expired I 94 part of my mistake and part of CBP officer when i entered US previously. He corrected it without any fuss. Also when i did this correction my I 485 was already filled, i am still waiting for my approval though. I also saw couple of guys with there I 797 in hand and officer seemed really helping them. So you can go to dulles and get it corrected without any issues in your scenario i guess.



Thanks very much san1850 for sharing your experience.

#7 nrao9

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Posted 21 June 2012 - 12:39 PM

Today we went to Dulles airport to get our i-94s extended. CBP officer told us that he can't extend it as I had entered US with my old passport. instead, suggested me to contact the USCIS to get a new i-94. can you please suggest what is the process to get a new i-94 from USCIS and how long will it take.
thanks.

#8 pontevecchio

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Posted 21 June 2012 - 03:17 PM

You can either cross the border and come back with a new I94 or the employer can file another H1 petition for you which he may not be willing to do as it is manifestly clear that you should have got an extended passport in time. Talk to your HR. You may get lucky. Cross the Canadian Border and do not use AVR.

#9 nrao9

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Posted 25 June 2012 - 09:55 PM

You can either cross the border and come back with a new I94 or the employer can file another H1 petition for you which he may not be willing to do as it is manifestly clear that you should have got an extended passport in time. Talk to your HR. You may get lucky. Cross the Canadian Border and do not use AVR.


Thanks much pontevecchio.
Can you please let me know why can't we use AVR. It make sense to me to use AVR as we have expired VISAs and valid 797s. Off course, we have EAD and APs to come back, but would like to continue on my H1 status till my 485 gets approved. I think, if i use AP to come back to US, my status gets changed to AOS, correct?

Please advise.

#10 pontevecchio

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Posted 26 June 2012 - 01:00 PM

If you use AVR your problem remains the same. You have to specifically ask for a new I94 when you return.

#11 nrao9

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Posted 27 June 2012 - 10:19 PM

If you use AVR your problem remains the same. You have to specifically ask for a new I94 when you return.


Thanks much pontevecchio.
Could you please clarify that what we will be showing while coming back from Canada, 797 or AP?
My wife will start working from next month on EAD. i am assuming that she is required to show AP as once she starts using EAD her status will be AOS. I am confused about this. kindly help.

#12 pontevecchio

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Posted 28 June 2012 - 10:54 AM

What is your aim? On a second reading of your original post albeit in a very small font I see no problem. You are awaiting AOS and can both work on the EAD. What is the need for the H1 status?

#13 nrao9

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Posted 29 June 2012 - 11:56 AM

What is your aim? On a second reading of your original post albeit in a very small font I see no problem. You are awaiting AOS and can both work on the EAD. What is the need for the H1 status?


Thanks much again for your reply pontevecchio.
My aim is, just want to continue on H1B status till my 485 gets approved. I am still on H1B and my wife will be working on EAD from next month. So, kindly suggest what is the best way to extend our i-94's which will be expiring in Jan, 13.

thanks.

#14 pontevecchio

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Posted 29 June 2012 - 06:53 PM

Since your wife will be working on the basis of the EAD she does not need a new I94. Why cannot you use the EAD too? If you want leave the country and come back with a new I94.


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