I-94 expiry.Help needed.


ku145

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My I-94 expired on March 28,2014 which was my passport expiry date. I got my new re-issued passport delivered to me on May 12, 2014 and it was then that i found about I-94 expiry. I have valid H1B visa till September,2015. I am working for same employer. I talked to officials at the local USCIS/CBP office and they told me to let my attorney file the necessary documents and the I-94 expiry is not a problem as long as i have a valid H1B visa and am working for same employer and have pay stubs. My company's attorney does not know what forms to file and the process associated.

 

Can any one please advise me what to do and what  forms/process i need to file for my I-94 extension?

 

Thanks in advance for the help

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I saw several posts that my attorney can file a  Nunc Pro Tunc with premium processing, can i try filing the extension of stay and explain that i did not know the process. I had a valid H1B visa/I-797 till Sep,2015 when i entered US and it was I-94 that was issues till March, 2014 due to passport expiry.  

 

Thanks

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You need to exit and enter US with a valid H1B visa and I797.

Hello Jairichi,

 

Thanks for the reply...I have a I-797 valid till Sept, 2015(which was used for my old visa as well but due to I-94 expiry the visa might not be valid) and i am planning to leave to India and get my H1 B stamping done based on the same I-797 approval. This was suggested by an attorney.

 

Would that be fine?

 

Thanks

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Hello Jairichi,

 

Thanks for the reply...I have a I-797 valid till Sept, 2015(which was used for my old visa as well but due to I-94 expiry the visa might not be valid) and i am planning to leave to India and get my H1 B stamping done based on the same I-797 approval. This was suggested by an attorney.

 

Would that be fine?

 

Thanks

If attorney said so you are fine. Good luck.

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  • 4 weeks later...

@jairichi:

could you tell me what happened with your situation? 

 

I am in the same situation myself. My I-94 expired with my passport (Feb 2014). But H1B is valid until Dec 2014. I realized the expiry of I-94 only when I got my new passport. I am also getting close to the 180 day mark after which a 3-year ban will be on effect. 

 

My attorney is going to file a Nunc Pro Tunc premium processing in CA. But she has also advised me to get ready for a trip to India to get a new visa stamp on the passport. Please let me know how it went for you. 

 

Thanks

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@jairichi:

could you tell me what happened with your situation? 

 

I am in the same situation myself. My I-94 expired with my passport (Feb 2014). But H1B is valid until Dec 2014. I realized the expiry of I-94 only when I got my new passport. I am also getting close to the 180 day mark after which a 3-year ban will be on effect. 

 

My attorney is going to file a Nunc Pro Tunc premium processing in CA. But she has also advised me to get ready for a trip to India to get a new visa stamp on the passport. Please let me know how it went for you. 

 

Thanks

jairichi was never in this situation. Listen to your attorney.

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  • 1 month later...

If your I-94 is expired, you need to take action on it.  The I94 expiry date represents the date you are allowed to stay in the US.  Regardless of when your visa or your 797 expires.

 

Perfect e.g. for this:  A tourist visa is usually valid for 10 years, however when someone enters the US as a tourist, they are given an I94 that expires 6 months after their date of entry.  That is the date they have to leave the US by, regardless of when their Tourist visa expires.  

 

Same thing here... regardless of when your H1B or any other visa expires, your I94 dictates how long you can be in the US for.  Any time after the expiry date is considered Illegal.

 

Consult a good lawyer.  Here is my post from another topic related to this.  

 

http://forum.murthy.com/index.php?/topic/71967-i-94-expired-10-months-ago-out-of-status-please-help-urgent/?p=312846

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