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Shubhamvijay

I94 expired on cbp but valid on i797a

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Hi 

I am on H1b visa.
i found out that my i94 on cbp website is expired on 28 August 2019. Which means I am illigeal to work from last 3 months.
But on i797A it is valid till 31 March 2020.  
Visa stamped on my passport also expired on 28 August 2019.

What are options now?

My employer attorney is suggesting Nunc pro tuc case.

Can I work during that period NPT is under review. Will it cover my medical insurance.

As my wife is also pregnant with 30 weeks, I am not able to decide what can I do.

Can someone please help me it's very important

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Need more information...

Did you file for an extension or an amendment which might have resulted in an new I797A with the I94 extended till 31 march 2020?

When did you get your stamping done and when did you last enter and any petitions files after that?

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Hi,

Visa stamped on my passport has expiry date of August 2019.

I94 on cbp website also has expiry date of August 2019.

 

My company filled for extension Nov 2018 and got new i797a form which is valid from Nov 2018 to March 2020. In that form i94 is also valid till that duration.

I went to Canada for 2 days in January 2019 and came back by land border. I showed my i797a form as well.

Do I have an option to go to CBP or USCIS office.

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2 hours ago, Shubhamvijay said:

Hi,

Visa stamped on my passport has expiry date of August 2019.

I94 on cbp website also has expiry date of August 2019.

 

My company filled for extension Nov 2018 and got new i797a form which is valid from Nov 2018 to March 2020. In that form i94 is also valid till that duration.

I went to Canada for 2 days in January 2019 and came back by land border. I showed my i797a form as well.

Do I have an option to go to CBP or USCIS office.

Online I-94 does not get updated because you did an extension when you were within US (In Nov 2018). When you traveled to Canada the port of entry officer might have used the AVR option. In that case your online I-94 will not change. I don't see any out of status here because you have valid I-94 til March 2020. Take a second opinion with Murthy attorney if you want to be 100% sure.

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I94 on the CBP website is irrelevant as you had an extension and you will be using the I94 which came with your I797A at places they need a copy of it like DMV or any immigration petitions. So you are not out of status.

For your Canada trip, the CBP officer might not have issued you a new I94 and used the one you already have to allow you into the country. Talking to an attorney  first to clear up the issue will be good before you go to CBP or USCIS.

15 hours ago, Shubhamvijay said:

Hi,

Visa stamped on my passport has expiry date of August 2019.

I94 on cbp website also has expiry date of August 2019.

 

My company filled for extension Nov 2018 and got new i797a form which is valid from Nov 2018 to March 2020. In that form i94 is also valid till that duration.

I went to Canada for 2 days in January 2019 and came back by land border. I showed my i797a form as well.

Do I have an option to go to CBP or USCIS office.

 

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