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pranay godha

I-94 expired, but I-797 still valid

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Yesterday I came to know that my I-94 is already expired on 13th Feb 2016, and right now I am out of status, but I have approved I-797, which has expiration Oct, 2017.

When I recently entered into US on 10th Jan 2016, POE officer put 13th Feb 2016 date on I-94, because I have visa stamp from my previous employer expired on 13th Feb, and officer did not ask for my I-797 from my current employer which, has expiry date 19th Oct 2017. Now I have no idea what to do. Since It has been more than 6 months to my I-94 expiration, I might have to leave USA immediately and I will be ban to enter USA for 3 years on any visa. After googling about this issue came to know following are the options for me:-

1. Go to near by CBP office and get I-94 updated(its too risky, specially, it has been more than 6 months to I-94 expiration)

2. Apply for H1B extension with Nunc pro tunc process.

This is very serious situation for me. Please help me what is the best way to solve this problem. I will really appreciate it. Thanks in advance.

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They do look at your H1 petition when you enter. It is possible you showed the older petition instead of the latest one. In theory your mistake. But your take is the officer made an error and entered the date of visa expiration instead of the expiry of the latest h1 PETITION. So call the CBP and play it cool possibly hinting you made no error and then get it corrected. First run it by your company. Next time be careful with documents .

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No, I did not even carry my older petition with me. He even asked for my current employer and I told him so, still do not understand why he did ask for current I-797, instead updated I-94 with previous employer visa expiry date. One mistake I can agree that I did not proactively showed my I-797, as he did not ask for, and thought he already knows everything.

Edited by pranay godha
Because of bad network condition its got lost

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No, I did not even carry my older petition with me. He even asked for my current employer and I told him so, still do not understand why he did ask for current I-797, instead updated I-94 with previous employer visa expiry date. One mistake I can agree that I did not proactively showed my I-797, as he did not ask for, and thought he already knows everything.

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Do not inform the CBP Officer that you did not show the latest H1 petition. Say you entered based on the visa and this latest petition approval and you recently noticed the discrepancy. Call them first and be very polite and brief and he will ask you to come to the CBP Office maybe at the Airport. Keep your employer/HR/employer Lawyer in the loop to avoid problems and then only approach the CBP.

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Finally, I am able to resolve my issue... big relief......

So as I have mentioned above, I had 2 options, but my employer's lawyer totally refused to go to CBP office and get I-94 corrected, mainly for my case where more than 6 months have passed. My employer wants to file Nunc pro tunc H1-B extension, but I was little bit hesitant, because if that will go wrong then I am gone(no other option). So what I did is consulted other lawyers, I did consult to Murthy law firm lawyer as well, and all the lawyers told me to go to CBP office first, but they were also not sure though, and said could go wrong. So I was really confused, so I returned back to my employer's lawyer, and explained him that other lawyers asking me to go to CBP officer, and was trying to convince him that maybe if there is some safer way we can ask CBP to get it corrected, and then he was little bit convinced, and he tried to consult with other lawyers in the firm, who worked with CBP before, and then he figured a way. He told me that there is a way, in which my lawyer will go to CBP and represent me. So he asked me to sign G-28 form, which is basically a from lawyer uses to represent their clients, they do in normal in H1-B filing as well. So he got the signed form and all my documents, and went to CBP office, and explained whole situation honestly, no lie, and CBP officer immediately agreed to get I-94 correct, and within an hour I was able to see my corrected I-94 online. I am so happy and relieved now. I hope this will help others to solve their cases as well

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Thank you for the useful information. I had the same problem, and my i-94 was expired more than 180 days when I noticed. I think it is a common mistake. Many people don't know that they need to show their latest I-94 attached with the I-797 at the time of entry in the USA. I've got my I-94 corrected by visiting Deferred inspection office. My attorney visited there, and it was updated same day. I think, safer side might be to have an attorney visit the Deferred inspection center. 

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Thanks for helpful information.

Question - Is the G28 form required if attorney visits the CBP office or send an email to CBP office or both.

I am also in same situation as my i94 expired more than 180 days.

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Hey Guys,

I've same situation. Last I entered US in 2016.  I had valid H1B till 09/2018, but my passport was about to expire in 09/2017, so my I-94 has Valid Through date as 09/2017. I got a new passport well before 09/2017, but my i-94 date remained unchanged. Valid Through Date on my 1-94 on I-797 is 9/2018. I recently found this and so, I'm more than 6 months past the I-94 date. Since it was a case of passport expiring, and was unintentional, what would be a better option: Applying NPT or explaining CBP officer?  

Let me know your thoughts.

 

Thanks!

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