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I-94 Expired due to passport expiry

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Post my 3rd extension back in June 2016 my visa was stamped in home country and approved till Oct 2018 in the passport. At the Port of entry the I94 was given same as visa expiry i.e. Oct 2018. I had to travel again in Nov 2016 to my home country and on return the CBP officer cut down my I94 date to Aug 2017 which is same as passport expiry. I got new passport applied in US(consulate in SFO) from my home country however I did not notice my I94 expired, later I travelled back to my home country in Jan 2018 and re-entered(as per my company's  immigration team's suggestion) using the visa on my old passport and this time the CBP officer issued new I94 same as visa expiry i.e. Oct 2018 linking to my new passport . Now my H1 is transferred to new employer.


1. Please advice if this will trigger overstay and will my visa be denied when I go to my home country for new visa on my latest petition from the new employer ?

2. What should I fill against the question have you ever overstayed in US  if my H1 transfer is successful as my latest I-94 is valid and got corrected post my exit and entry ?

3. Will the this flag as an issue to the consulate officer during my visa interview ? How do I proceed in this situation ?

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It is possible you overstayed the I94 less than 6 months and the POE Officer used his discretion and gave you an I94 on return basically rendering your stay legal. This is a complex matter which needs the company to involve an Immigration Lawyer. You said  Immigration team. Have you reached out to them with your concerns.?

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Yes, I did and they confirmed what matters is the latest I94 which is valid and I did enter the country lawfully at POE and should not be an issue. However I am still not convinced about the situation.

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Hi- The latest update is I got my H1 transfered to the new company successfully and the new I797 reflect the I-94 validity till May 2021.

Can some one share their experience of Visa stamping in India similar to my situation ?

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Hello Swamy,

              Were you able to get the answer to your problem? I am also in the similar situation.





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