I94 expired with valid I797

[NishanthM]

Hi,

My I94 expired yesterday and to be on the safe side, I've filed I539 requesting USCIS for extension of stay.  Here are the following questions I have -

1) Since my I94 expired yesterday and I filed I539 today, What will be my visa status?

2) Can I go to Mexican border and request for I94 extension even after its expiry?  Will they consider based on my I797 validity? 

3) Will I be able to work with the current receipt notice (I539)? 

 

Thanks,

Nish

[rish101]

I'm in the same boat as you, but have been advised to file for a Nunc Pro Tunc I-129 application.

1) Not sure
2) I'm told, CBP won't consider I-797 there, and would want to see a valid stamping (visa) on your passport. That said, I think you can cross the border and re-enter, if you do have a valid stamp to have CBP issue a new I-94 (which most likely you don't, cause that is what may have been looked at for your most recent I-94 expiration date).

3) Not sure.

 

[pontevecchio]

How does filing a COS let you work?

[NishanthM]

@rish101 and for others  -

I called multiple CBP offices and requested for I94 renewal. Everyone suggested me to cross the border and come back.  Since I did not want to jeopardize my visa status, I filed I-539 (costly - 470$).  I checked with USCIS if I can stay here with I-539 receipt to which they responded "Yes" and they also mentioned it is gonna take approx 6 months.  Today, I came to Laredo, TX (Mexico border) and explained CBP that my I94 is expired on 22nd June.  They were easy on me and asked me to cross the border and come back without having to enter Mexico.  While entering back to US, they've asked my I797 and stamped visa.  Immediately, I could see the new I94 dates reflecting on the I94 official portal. 

Note: CBP is considering these kind of cases because of COVID situation.