Expired I-94, Expired Visa Stamp, Valid I179A

[sumeetk]

My Details are as follows -

 

1) Last entered US on Oct 10, 2011 and got the I-94 white card with a date of

    November 07, 2013 (which matched with the expiry date of I797A I had in 2011)

2) Visa stamp expired on Aug 1, 2012

3) Switched companies in between and got a new I797A with an expiry date of

     November 21, 2015 (the I94# is same on I797A as that on the white card I94)

 

So as of today white card I94 date has expired but the date on I94 with I797A is still valid.

 

I will be travelling to India this December 2015 and getting a new visa stamp as per my new I797A. As far as I understand they no longer give I94 cards and all is done electronically now.

 

Questions - 

Q1) Did I overstayed when my white I-94 card expired on November 7.2013? (even though I had a new valid I797A)

Q2) If the answer to Q1 is yes then what can I do to rectify the situation?

 

Thanks

[jairichi]

The I94 expiry date on your new I797 is what you have to consider. If that is valid then you are fine.

[itsmeusa]

1. No. You have valid I-94 upto Nov'15.

2. N/A

[jeet12884]

HI,

 

please please need advice 

 

H1b approval notice 797 got it in oct 2013  - with attached I 94 till sep 2016 !!

 

then went to india for stamping - done with visa stamp in old passport which was expiring in july 204 - So at port of entry gave me stamped till passport expires - so online I 94 record shows admit till date july 2014 - as passport was expiring in july 2014

 

new passport applied in march 2014 - with I 797 got in 2013 - has attached i 94 till 2016!!

 

So went to CBP officer - he is not correctiong till i 797 dates - as he says u had passport expiring in july so thats why they stamped till july 2014 !!

 

planning to fill out green card application as my wife got citizen ship- asking for I 94 number which one I should put - as online says admit till july 2014

 

i 797 - I 94 valid till 2016 sep !!

 

should I go out of country and have I 94 updated acc to 797 and visa stamp with new passport number ?

 

please advise - I am out of status ???- but  has valid 797 ad visa stamp till 2016 !!

 

pls advice !!

[jairichi]

You are illegally present in this country from July 2014 as your I94 has expired by then. You need to talk to an attorney before you exit and enter US to get a new I94.

[Godplshelp]

Hi,

I am in similar situation my I 94 got expired as it was given on my passport expiry date and have a valid I 797 . I got to know pretty late and had no knowledge that when I renewed my passport I had to renew my I 94 as we'll. my employer after discussing with lawyers have told me to go out of the country and they will file for my extension .. I worried as I have no clue what to do. It's been more than 150 days that I am out of status and my visa extension is due in 2 weeks ?

Should I go to cbp office and change the date on I 94 and thn file my extension ... Or should I just go out of the country and get a new I 94? Even if I get my extension during stamping what all questions would be asked? Or what all questions have you faced? After everything goes through do I need to file for NPT ? I need some inputs regarding NPT ..

Please help ..

[jairichi]

Hi,

I am in similar situation my I 94 got expired as it was given on my passport expiry date and have a valid I 797 . I got to know pretty late and had no knowledge that when I renewed my passport I had to renew my I 94 as we'll. my employer after discussing with lawyers have told me to go out of the country and they will file for my extension .. I worried as I have no clue what to do. It's been more than 150 days that I am out of status and my visa extension is due in 2 weeks ?

Should I go to cbp office and change the date on I 94 and thn file my extension ... Or should I just go out of the country and get a new I 94? Even if I get my extension during stamping what all questions would be asked? Or what all questions have you faced? After everything goes through do I need to file for NPT ? I need some inputs regarding NPT ..

Please help ..

You are not out of status but you are illegally present in US for 150 days and counting. Visiting a local CBP office will not help you at all. You should have left US based on advice given by your employer's lawyers. I would suggest you to talk to an independent attorney right away and proceed accordingly.

[patnaikp]

Hi,

So how did you finally resolve this? 

 

Thanks

P

[rodantivlab]

HI

 

How did you resolve this?

Plz let me know, I am in the same mess.

 

thanks