I-94 expired on passport but valid on I-797

[apimple2002]

My I-94 on passport is expired. My last entry in US was in Nov 2010 and the Visa officer at the port of entry gave me I-94 only till July 2011 as my passport was gonna expire. Then I got my new passport but I never went to extend my I-94. I thought the I-94 on my I-797 is valid till 2013 so I am fine.

However my lawyer tells me I am out of status for last 8 months. Any idea what should I be doning now? Am I really in trouble?

Thanks for your responses.

Atul

[livliv]

Only the latest I-94 matters. Consult an experienced attorney of your own asap.

[redgreenbluee]

please consult a lawyer.

your lawyer is correct, dates on I-94 are important and dictates your legal status of stay. you can try and correct your situation by doing a nunc pro tunc request. waiting further does not help your case, consult an immigration lawyer.

My I-94 on passport is expired. My last entry in US was in Nov 2010 and the Visa officer at the port of entry gave me I-94 only till July 2011 as my passport was gonna expire. Then I got my new passport but I never went to extend my I-94. I thought the I-94 on my I-797 is valid till 2013 so I am fine.

However my lawyer tells me I am out of status for last 8 months. Any idea what should I be doning now? Am I really in trouble?

Thanks for your responses.

Atul

[apimple2002]

Thanks for the replies. I took my chance and flew out of the country and when I can back, I got new I-94 at the port of entry and my status is all good now.

Please note that it was a risky option but I used the logic that it was not easy for CBP to know which I94 is the last issued one when they collect it at the airport while leaving the country. So when you come back with a valid I-797, it's highly unlikely that they will dig that deep.

[livliv]

That you were able to re-enter is fine. But this can come up in future applications.

[Sri999]

I have valid visa stamp till august 10th, 2014 with XXX company, now i changed to YYY company. I have plan to travel Indiain july 2012. i have valid I-797 from from YYY company till 2013.

My situation is do i need to attend again Visa interview in India with new I-797 form got approved from YYY company????

Any information and clarification regarding this is very much appreciated.

Thanks for your time.

Sri...

[kalyan_ac]

You dont have to go for stamping in india as your visa is valid till 2014.