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Gopalraj Periasamy

I94 expired 180+ days ago on H1B - Employer wouldn’t file for extension and CBP wouldn’t correct

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I have a valid I797 until Jan 2019. When my employer was preparing to file for an extension, it was discovered that my last I94 only gave me permission to stay in the US until Dec 2017 (passport Expiry), and so expired over 180 days ago. My employer asking me to leave US immediately and probably wouldn’t file NTP even if eligible. CBP says I have to go out and come back which is the only way to get a new I 94. But there are greater chances that I'll be denied at PoE. Can I go to deferred inspection or USCIS office? Can I ask employer to file I-102 or NTP? Any other options? I’ve to make a decision soon since my wife is expecting and already 8th month. THANK YOU!!

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Get a Lawyer involved for appropriate guidance. It is so sad that companies do not have their HR make sure Immigration documents are current at all times.

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99% employers don't care about employees, it's employee duty to make sure they have valid documents to live in other country.

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It is a legal requirement for employers to verify employee work authorization. As was said in "Forrest Gump"," Stupid is as stupid does.". This sums up the whole situation. 

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