H4 to h1 COS denial due to incorrect departure record in I94

[Neha7046]

Pay slips

School records

Leasing sign

Credit cards history (credit card no deleted

Dated bank records

Hi,

I am currently on am h4 visa that is valid till 11/11/2014. My current u94 us also valid till the same date.

I had applied for a h1b visa this year with a COS. My h1b petition is approved effective 10/01/2104 but I didn't receive the new i94.

My employer state that the he has received a letter from USCIS stating the reason for denial is COS is that as per their records I left US on 06/21/2014.

Note here that I NEVER traveled out of the country in the last year. Though my ticket was booked on the above date but I didn't travel back!!

This seems to be a very serious glitch done by the airlines due to which my i94 records are inaccurate on CBP website.

My questions:

1) who should we contact to get the i94 records corrected? Is the airlines, CBP, USCIS and/or all?

2) can my employer get back to USCIS with all proofs of my legal stay in H4 and get the COS done now? Or do I need to go for counsellor processing?

3) can a new petition be filed with COS by new/old employer , under cap exempt?

Please suggest the options available to me now!! Thanks

[jairichi]

Attorney has to contact USCIS and address this issue.

[Neha7046]

Hi,

I am currently on am h4 visa that is valid till 11/11/2014. My current u94 us also valid till the same date.

I had applied for a h1b visa this year with a COS. My h1b petition is approved effective 10/01/2104 but I didn't receive the new i94.

My employer state that the he has received a letter from USCIS stating the reason for denial is COS is that as per their records I left US on 06/21/2014.

Note here that I NEVER traveled out of the country in the last year. Though my ticket was booked on the above date but I didn't travel back!!

This seems to be a very serious glitch done by the airlines due to which my i94 records are inaccurate on CBP website.

My questions:

1) who should we contact to get the i94 records corrected? Is the airlines, CBP, USCIS and/or all?

2) can my employer get back to USCIS with all proofs of my legal stay in H4 and get the COS done now? Or do I need to go for counsellor processing?

3) can a new petition be filed with COS by new/old employer , under cap exempt?

Please suggest the options available to me now!! Thanks

[Neha7046]

Hi,

I am currently on am h4 visa that is valid till 11/11/2014. My current u94 us also valid till the same date.

I had applied for a h1b visa this year with a COS. My h1b petition is approved effective 10/01/2104 but I didn't receive the new i94.

My employer state that the he has received a letter from USCIS stating the reason for denial is COS is that as per their records I left US on 06/21/2014.

Note here that I NEVER traveled out of the country in the last year. Though my ticket was booked on the above date but I didn't travel back!!

This seems to be a very serious glitch done by the airlines due to which my i94 records are inaccurate on CBP website.

My questions:

1) who should we contact to get the i94 records corrected? Is the airlines, CBP, USCIS and/or all?

2) can my employer get back to USCIS with all proofs of my legal stay in H4 and get the COS done now? Or do I need to go for counsellor processing?

3) can a new petition be filed with COS by new/old employer , under cap exempt?

Please suggest the options available to me now!! Thanks

Hi,

Is anybody aware who could correct the i94 records first? If that gets sorted out, I believe that we would have a reason to support the appeal.

 

Or can going to USCIS get it corrected automatically?

[jhansisri]

Hi,

i too have similar where my travel history got updated and noted as departure of return ticket flight even though i never boarded flight and still in US.on further checking of forums got to know that from May CBP automated this information and taking information from airways.Here also it is mentioned.

 

http://www.nafsa.org/Find_Resources/Supporting_International_Students_And_Scholars/Committee_Updates/ISSRP/Electronic_I-94_Record_Retrieval_Tips/

 

Arrival and departure record is maintained by CBP.we have sent mail to customs at customs@customs-mail.custhelp.com and this is information which we got.

Thank you for contacting the U.S. Customs and Border Protection (CBP) INFO Center.

This is an automatic message.

If you are unable to locate your I-94 or some of the information in the system is incorrect, including the travel history, please contact your local Deferred Inspection Site to schedule an appointment and have this fixed. You can locate the number by click on this linkhttp://www.cbp.gov/document/guidance/deferred-inspection-sites and click on the excel spreadsheet on the right side of the web page.

If you are trying to extend your I-94 please contact U.S. Citizenship and Immigration Services at 1-800-375-5283 for further assistance.

Thank you again for contacting the CBP INFO Center.

Sincerely,

CBP INFO Center

If you have any other questions or would like clarification on this response, please feel free to contact us either by calling our toll free number 877 CBP-5511 (227-5511) or if calling from outside the United States our toll number 202-325-8000 and speak with a Public Information Officer. Our hours of operation are Monday thru Friday from 9:00 AM-4:00 PM Eastern Time.  

 

Today i went and checked with CBP office at philadelphia international airport.CBP officer informed me that he deleted departure record from database,but still it is showing.He asked me to wait for one or two days to get the changes reflected.

 

May be once travel record is corrected, attorney may reopen the case for COS status approval

[mpatil27]

@jhansisri, how long did it take for your I94 to reflect the corrections done by CBP officer? I am in similar situation and want to make sure USCIS does not make decision about my OPT application based on incorrect data.

[tejaa0]

On 8/21/2014 at 12:43 AM, Neha7046 said:

Hi,

Is anybody aware who could correct the i94 records first? If that gets sorted out, I believe that we would have a reason to support the appeal.

 

Or can going to USCIS get it corrected automatically?

Hi,

I am in same situation now. I know it's been 4 years but can you please let us know what happened with your case. Hope you got positive result from USCIS after appealing.