I94 Expired : I797 Valid


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Hi,

I changed my company and went to india (Oct 2018) and came back with old company's visa. CBP officer gave the I94 based on old company's date (Feb 22, 2019). He didn't ask for I797 and I thought he should have all the info on his computer. I797 is valid till Oct 2019. Realized this mistake in Apr 2019 and contacted CBP in Seattle, they refused to correct it and asked me to leave for my home country (India) and come back with new stamping. They did take mine and my wife's fingerprints. They gave me 30 days to leave US.

Overall I way overstay for 3 months.


I applied for interview in India (in June 2019). Visa Officer listened to my situation and asked me why fingerprints were taken at CBP office (I didn't know the reason). I told Visa officer that they said they were following protocol. Visa officer took her time, Went back in the office to talk to someone. She came back after 5-10 minutes and spoke to another Visa officer infront of us. She seemed inclined to give me visa, but not sure what she was seeing on the screen. She was apologetic and mentioned they need to do further processing (gave green slip, marking admin processing) to issue my visa and it could take a week or two so that we won't have issues going forward. But it has been over 2 weeks now. Mine and My wife's passport is still with the US embassy and have not heard back.

Still not sure if I will get the visa. What are my options? Anyone gone through the same situation? Inputs are highly appreciated.

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