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feelingpanic

i94 expired Jan 2020 due to passport expiration date, i797 valid

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I only noticed this when preparing to file for H1B extension. I am aware that I am accruing unlawful presence. What are my best options at this point? I am currently at 31 days of unlawful presence, I just found out. I dont have a different i94 date in my i797A since I was still on my original H1B and no extension has been filed. 

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Try calling your local CBP office immediately, without further delay and take an appointment.  Tell them you have new passport and take your current I797A which has I94 at the bottom and see if they will correct it.  Please post here when and how you resolved this situation as we all learn from each other.

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Stop Working. Why did HR/your employer not notice? File the extension and wait for approval back home and return with the visa after the approval. The sooner you leave, the better. Do not approach the CBP. Inform your employer first.

Edited by pontevecchio

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