H4 I94 expired ! (overstay)


jithintv

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Hi ,

Myself : Passport has ex-employer(firm A) H1B visa stamped. Passport stamped H1B visa & I 94 both expired 23-Jan-2010. Currently has a H1B petition from current firm (firm B) which has I 94 attachment . Its valid till 27-SEP-2011. This is not yet stamped on my passport.Havnt left outside US since 2008.My PERM approved on May 2011.I 140 PP pending .

Spouse: She has a firm-B H4 stamped on her visa and its valid till 27-Sep-2011. I 94 expired on 23-FEB-2011.

Issue:-

Am getting multiple views .Some say she should leave the country to India or Canada . I stay in detroit ,so near Canada border.Also multiple view on Nunc Pro trunc . Some lawyers say you could file it ,some say its a weak case since she didnt violate the 6 month overstay yet .So need some idea .

1) Heard for visa revalidation if travel to Canada .Am we eligible to this . I have an expired visa & I 94 in passport but valid H1B petition. And she has an expired I 94 but valid visa in passport.

2) If yes to (1). Air or drive is safe .Any documents needed.Can someone explain the real process . Will we have to give the expired I 94s to them entry to Canada ? What happens to I 94 attachment in my current H1B petition? Will we get new I 94s .

3)Are we safe doing this or any other ideas .Need help .

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please consult a lawyer.

AVR can only be used on land travel, you cannot travel by air and enter the US without a valid visa.

Originally posted by jithintv:

Hi ,

Myself : Passport has ex-employer(firm A) H1B visa stamped. Passport stamped H1B visa & I 94 both expired 23-Jan-2010. Currently has a H1B petition from current firm (firm B) which has I 94 attachment . Its valid till 27-SEP-2011. This is not yet stamped on my passport.Havnt left outside US since 2008.My PERM approved on May 2011.I 140 PP pending .

Spouse: She has a firm-B H4 stamped on her visa and its valid till 27-Sep-2011. I 94 expired on 23-FEB-2011.

Issue:-

Am getting multiple views .Some say she should leave the country to India or Canada . I stay in detroit ,so near Canada border.Also multiple view on Nunc Pro trunc . Some lawyers say you could file it ,some say its a weak case since she didnt violate the 6 month overstay yet .So need some idea .

1) Heard for visa revalidation if travel to Canada .Am we eligible to this . I have an expired visa & I 94 in passport but valid H1B petition. And she has an expired I 94 but valid visa in passport.

2) If yes to (1). Air or drive is safe .Any documents needed.Can someone explain the real process . Will we have to give the expired I 94s to them entry to Canada ? What happens to I 94 attachment in my current H1B petition? Will we get new I 94s .

3)Are we safe doing this or any other ideas .Need help .

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