I-94 expired but have valid I797


kumar92

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Hi All,

 

I changed company in Feb 2014. I was needed to go to India for emergency so I went with the new petition which has valid I-94 until Jan 2017. In my passport I have visa stamp with previous company valid until Jan 2015. When I was returning through JFK, I had the new petition in hand which has valid I-94 but at CBP did not ask that. I was told in the visa breifing session that do not give any document pro-actively until they ask for it. Keeping this in mind, I too did not show the new petition.

 

I was under the impression that the officer know the change of employer and would have noticed the new I-94.

 

When we went to DMV for my wife's in August 2015, they told we do not have valid I-94. I immediately contacted attorney and they are filling the extensions. I got an RFE on that to explain the whole story.

 

When I was discussing with one of my friend about the problem, he told he called local CBP office and got the correction but he has delay of 1 week. He suggest me to go local CBP.

 

So, please can you suggest me whether going to local CBP will benefit because in my case I have 10 months delay or Shall I wait for Visa extension approval? 

 

Thanks,

 

 

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What's is being asked in RFE? Just th story or anything else..

Did ur company filed nunc pro tunc..or just regular extension? If yes, then I would suggest to wait for the result and then try CBP. Explain CBP officer the situation and tell him that you had shown your 797 at POE but didn't realize that the I94 is valid till visa instead of 797..

I am almost similar kind of situation, I94 expired 7 month back. My company is filing nunc pro tunc. My attorney mentioned that they are getting RFEs these days for Nunc Pro Tunc extension and recently I case got rejected.

Since we both have crossed 180 days out of status, denial of extension means barred from entering US for 3 years.

Keep Me posted with the case

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What's is being asked in RFE? Just th story or anything else..

Did ur company filed nunc pro tunc..or just regular extension? If yes, then I would suggest to wait for the result and then try CBP. Explain CBP officer the situation and tell him that you had shown your 797 at POE but didn't realize that the I94 is valid till visa instead of 797..

I am almost similar kind of situation, I94 expired 7 month back. My company is filing nunc pro tunc. My attorney mentioned that they are getting RFEs these days for Nunc Pro Tunc extension and recently I case got rejected.

Since we both have crossed 180 days out of status, denial of extension means barred from entering US for 3 years.

Keep Me posted with the case

 

They asked me to submit the affidavit with all the history. They filed nunc pro tunc. When I was entering I had the latest I797 with I-94 valid until 2017. They did not ask me to show and I also did not show that proactively. 

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Did u submit any letter ex paining the situation when you filled nunc pro tunc..

My company is filing nunc pro tunc with letter both from my side and company on the situation that results in this and also hardship on my family and company if I have to leave and barred to enter US for 3 years... My attorney didn't say anything about affidavit

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