I 94 expired but have Valid I 797 A with I94 card and H1B stamping

sreddy143

By sreddy143,
in H1B : I-94 Cards

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sreddy143 Newbie

sreddy143

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Case: I 94 expired but have Valid H1B stamping and Valif I 797 A with I94 card on it.

Hi can you please help me below is my scenario.

I 797 A  with I 94 card on it valid until - October 2018

H1B stamping on Old passport - October 2018

Online I94  Admit date saying until April 2017 bc My old Passport expiry date is until April 2017.

 

 

Got my H1B petition approved in August 2015 with I 797 A attached with I 94 card on it.  After that went to India for stamping in October 2015 and came back USA at the port of entry Office stamped and gave me I94 based on my old passport Expiry date which expires in April 02 2017. I applied for new passport and got new passport, now i changed my client and about to filed for Amendment and i came to know from my employer that my I94 got expired.

So I am not aware of I94 get it renewed so immediately they told me to cross border and come back so that i will get new I94 updated. so yesterday i went to Laredo Mexico in car crossed the border and came back at the port of entry CBP officer check both my old and new passport and verified my I 797 A with I 94 card on it and told me i have valid I 94 card on I 797 till October 2018 and your good to go and we don't issue any New I94 card here.

so my question is I have H1B stamping, Valid I 797 A with I 94 card so I am good to go ?

or 

do i need to go back india and come back to get new I94 

or 

Apply for extension to get rid of old I94 to get new I94. (But  can i still apply for extension bc i have valid visa till October 2018)

 

Which Option will be the best in my case I am already Out of status from last 80 days so i don't want to get into situation above 180 days which could be worse. I am so confused please help me out. Any help is much appreciated guys.

 

 

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shekar11# Advanced Member

shekar11#

Posted
Posted
On 6/26/2017 at 0:20 PM, sreddy143 said:

Case: I 94 expired but have Valid H1B stamping and Valif I 797 A with I94 card on it.

Hi can you please help me below is my scenario.

I 797 A  with I 94 card on it valid until - October 2018

H1B stamping on Old passport - October 2018

Online I94  Admit date saying until April 2017 bc My old Passport expiry date is until April 2017.

 

 

Got my H1B petition approved in August 2015 with I 797 A attached with I 94 card on it.  After that went to India for stamping in October 2015 and came back USA at the port of entry Office stamped and gave me I94 based on my old passport Expiry date which expires in April 02 2017. I applied for new passport and got new passport, now i changed my client and about to filed for Amendment and i came to know from my employer that my I94 got expired.

So I am not aware of I94 get it renewed so immediately they told me to cross border and come back so that i will get new I94 updated. so yesterday i went to Laredo Mexico in car crossed the border and came back at the port of entry CBP officer check both my old and new passport and verified my I 797 A with I 94 card on it and told me i have valid I 94 card on I 797 till October 2018 and your good to go and we don't issue any New I94 card here.

so my question is I have H1B stamping, Valid I 797 A with I 94 card so I am good to go ?

or 

do i need to go back india and come back to get new I94 

or 

Apply for extension to get rid of old I94 to get new I94. (But  can i still apply for extension bc i have valid visa till October 2018)

 

Which Option will be the best in my case I am already Out of status from last 80 days so i don't want to get into situation above 180 days which could be worse. I am so confused please help me out. Any help is much appreciated guys.

 

 

Go out of country and come back. No need of stamping. Try Matamoros or Tijuana borders. They will issue new I-94.

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RSharma7 Newbie

RSharma7

Posted
Posted

@Billoo - My 797 is valid till Sept 2018.

Did anyone try the Tujuana border ?

I am trying to get accurate info, since few sources said that I94 on 797 is one for us. Whatever is on CBP site doesn't matter.

Will be really helpful if people who went through similar issue could guide.

 

Thanks!

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sreddy143 Newbie

sreddy143

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On 6/26/2017 at 11:20 AM, sreddy143 said:

Finally got new I-94 updated at Otay Mesa - San Diego border.

Drove from LA to San diego Otay mesa border parked the car near 7 Eleven (9660 Via De La Amistad #103, San Diego, CA 92154) walked 3 min to the Sentri/global entry office and asked a CBP officer to get new I-94. she told me to cross border and come back, so i walked down the bridge which gets you in to Mexico. where you can see an Immigration office in Mexico after crossing that bridge. They will give you visiting form fill ur details and tell them i am just here for one day, crossed the border to get new i-94. After that just walk 5 min straight and cross the footpath opposite where the cars are coming and take left and walk straight where u can see the USA entry , get in the line from walk side and get ur passport ready. The officer will scan ur passport and ask you a question why did u go to mexico and why are coming back just explain that my passport was expired and need a new I 94 that's why i crossed the border he will let you in. After that get in line for to get I 94 card and pay 6$ at the counter and get in the line again to meet the CBP officer inside where they will ask ur documents like passport, I 797 (Officer asked me my i94 was expired 3 months back what did u do all these days so i explained my situation i am not aware of updating i94 and applied for amendment i came to know that  my i 94 expired so immediately i  flew from my place to here to get new I 94. I apologized and told him it was my mistake, so Just be honest with him and explain ur situation) he will give you new I 94, also check ur I 94 when u come out of the office it will get updated. 

Note: don't panic the officers are very nice and helpful just be honest with them and explain your situation.

 

On 6/26/2017 at 11:20 AM, sreddy143 said:

 

 

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gbmadhan Newbie

gbmadhan

Posted
Posted

@sreddy143 - I'm also thinking about Otay Mesa port of entry.

My case is I94 expired a month ago but valid visa

Your information is very helpful.

Please clarify the following questions

Is this open 24 hours a day?

You visited weekday or weekend?

What time you visited?

What is the waiting time like standing in queue etc?

Thank you!

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SR7 Member

SR7

Posted
Posted

I'm also in same situation, need to cross the border to get my i94 extension untill my valid visa date 2019 as per old passport, please let me know the location to cross the broder and get new i94.My current i94 valid until sept 2017 so planning to cross the border and get i94 extesnion in august, please suggest the location.

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gbmadhan Newbie

gbmadhan

Posted
Posted

Thank you Sreddy143, your post is very useful. I would like to share my experience.

Situation

I-94 expired in June, 2017 (passport expiry date) a month ago with valid H1 B visa till Sep, 2017. I realized after 2 weeks of expiry that I should have a valid I-94 to stay legally in US.

Options

After searching google, hearing from employer attorney and friends,  I found the following options to get new I94

1. Appointment with CBP

2. Attorney appointment with CBP (you no need to)

3. Go to India and return

4. Cross Mexico border and return

5. Nunc Pro Trunc process

Action

I called CBP office near to my location. They gave me an email id and asked me to send list of documents to see why I-94 date is not same as H1 B visa. After 2 business days, they told that they don't extend I-94s due to passport expiration. They gave the following two options

1. Apply for readmission to the US or

2. File the appropriate form(s) with USCIS to extend my stay

After seeing Sreddy's above post, I made up my mind to do the same. Thanks to his post!

Following is the link of the port of entry I visited

https://www.cbp.gov/contact/ports/otay-mesa

Otay Mesa

Port Information
Port Type: 
Service Port
Location Address: 
9777 Via De La Amistad
San Diego, CA 92154
 
I visited a friend in San Diego, from there its 50 miles. We drove to the address (took 1 hour) and found so many shops around that area. We had a breakfast in Mc Donalds and asked a staff member how to cross the border and enter Mexico. They showed me a road and told that road ends with entrance to Mexico. I found the bridge where it will take you to enter to Mexico immigration office. Once you enter that bridge take first left and keep walking straigh you can see a revolving gate. You must pass through that gate.
See the below link for the entrance of bridge 
 
Mexico Immigration Office:
A lady gave me a form to enter the details like name, citizenship, passport, date of birth and address to stay in mexico. I clarified the doubt with a person who gave me the form regarding mexico address. I told them I am not staying anywhere Im just going back to US. She told alright no need to give address details.
Immigration Officer
Q's: What is your purpose? 
A:  I am here to get new I-94.
Q: Give me your passport having US Visa
A: I showed them.
 
The officer stamped wished - have a great day!
 
Return to US
Once you are out of Mexico immigration office, you can see a lane where cars are entering to US. You have to cross that lane and get to the other end. Now to your left keep going straight where you can see right side of the road with some iron fence in the path and road side shops which takes you to the US port of entry. Keep your passport ready.
 
US Immigration Officer
Q: When was the last time you enter to Mexico
A: This is the first time
Q: Purpose of your visit
A: new I-94
 
He took me to another officer and told him he has H1 B visa and need a new I94. He then pointed to a counter and a room asking me to pay $6 in the counter and go inside that room.
 
I went inside the room where you can see 3 officers inside.
Q: What is your address?
A: I clarified with officer whether he is asking San Diego address and gave the same after confirmation.
Q: From where you flew to San Diego?
A: Told the city name.
 
He took the finger prints, picture and finally told Welcome by giving the new I-94.

If you are not going by your car, you can take a 1 day pass for $7 with which you can travel by MTS train, bus and sprinter.
It will take you to downtown of San Diego.
 
Note: You can ask anyone around you for any doubt you have while crossing both borders. You will definitely get the help. The immigration officers are very friendly!

Wish you all the best!

 

 

 

 

 

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gbmadhan Newbie

gbmadhan

Posted
Posted

@surendar777 glad that my post is useful!

Because you still hold a valid I-94 until Sep, 2017, the best option for you is

1. To call CBP office in your location and explain him. They may extend once you send the required documents

2. You can directly approach CBP in near by airport with documents and get it extend.

Give it a try. No need to cross border in your case.

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  • 2 weeks later...
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SR7 Member

SR7

Posted
Posted

I did get new i94 at otay mesa poe yesterday, here is my exp

-I went to global enforcement center early morning around 6 in San Diego, they said they don't issue new i94 and told to cross the border n come bak

-crossed the bridge next to global enrollment center, it goes to Mexico Imm office and told them I don't stay and will go bak to us now, I got 1day permit to mexico

-I crossed the road where all vehicles heading to us and come bak to us poe

-told them I'm here to get new i94

-officer sent me to the counter to pay 6$ and went to Imm officer to get my i94

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  • 2 months later...
Shanya Newbie

Shanya

Posted
Posted

Hi

Has anyone of you traveled to India and get stamping done after you renewed I-94 at POE.  I went through the similar phase to extend my I-94 @POE and later applied for H1 extension, now i have valid I-797 and I-94 but I am hesitant to go for stamping in India? Please help me with your experiences.

 

 

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