I-94 expired with old passport, valid H1B and new passeport

[JeromeNYC]

Hi,

When I came to the US in September 2010 with a temporary passport and a new H1B visa, the US border officer attached a I-94 that was only valid for a couple of weeks. I was supposed to renew my passport and cross the border before the expiration date of the I-94 but, unfortunately, I only renewed the passport and I stayed in the US with an expired I-94.

To summarize my situation: I have a valid H1B, a valid passport and an I-94 that expired about 2.5 months ago. I'm also about to transfer my H1B to a new company.

Can you tell me if I should get a new I-94 before transferring my H1B ? Should I cross the border with a expired I-94 to get a new one ? Is it safe to cross the border with an expired I-94 (ie: can they refuse me) ?

Thanks a lot for your help !

[knowsap]

Hi JeromeNYC,

I am in a similar situation. I just found out that my I-94 has expired 5 weeks ago. This was when my passport expired and the I-94 expired with it. It was an honest mistake and an oversight on my part since it did not occur to me to check I-94 validity before my passport expired. I wouldn't have found it out if it wasn't for the questionnaire that I was supposed to fill out for my new employer. I have a new job recently and I am in process of changing my status from H-4 to H-1B. Have you found any solution to this situation? Considering going out of the US and re-entering or planning to check with a local CBP office? What route is your lawyer asking you to take?

[karly]

I had the same situation. Off the record, a lawyer told me to take the risk and go out for a reentry if the new company was not willing to do the Non pro trunc paperwork. I couldn't get myself to do it yet, I'm trying to see if somebody actually decided to do it... please comment how did you guys sorted out. I'll wait a few more days to see what the new company says.