I94 expired over 180 days and extension approved

[memberdev]

Friends- Please help me understand my situation here.

My I94 expired in January 2011 as my passport was expiring but i had a I 797 till October 2011. i was not aware of my expired i94 for over 180 days till my company decided to file my extension. i filed for my H1B extension and was approved today and i received an i94 with the I797A with start period of Oct 2011. Now my concern is the 180 days i was working in US with expired i94, will it cause a problem during my 485 adjustment stage? i read something abt the last action rule where the latest i94 takes precedence but i'm not clear on it. please advise

[jan_ram1]

you need to approach attorney may be Nunc Pro Tunc will solve your problem. It is way to request USCIS to back date the I94.

[memberdev]

Jan_Ram- Thanks for the response! Actually we did file for Nunc Pro Tunc but I94 was not backdated. My attorney feels since my extension was approved an I94 was issued there shouldn't be any problem. But i'm not totally convinced.

[pontevecchio]

Generally the I94 is not back dated. The fact that you got a new I94 is evidence that you are considered to have been in status over the previous months. If that were not so they would not issue a new I94 with the extension.

[jan_ram1]

period of stay without I94 will treated as Unlwafull stay ; Even though you receive a new I94; past period will be recorded as a unlawfull. You need to file for Nunc Pro Tunc for the second time to request USCIS to issue new I94 with backdated.

If you've unlawfull stay more than 180 days; you are ineligible for adjustment of status( i.e Issues with the Green card processing)/ every time you will face many issue at the Port of entry.

[pontevecchio]

"period of stay without I94 will treated as Unlwafull stay ;'

This is not true. Instead of wasting his energy in a forum the OP should specifically ask his Lawyer and also ask to see the result of the Nunc Pro Tunc .

[memberdev]

I got to see my i797 and i94. We applied for Nunc Pro Tunc and i94 was not backdated. There were multiple references to my expired i94 and request for backdating the i94 in my filed paperwork to USCIS. There is no way USCIS would have overlooked all this and approved my 797. My lawyer tells me that USCIS usually doesn’t backdate i94 due to expired passport reasons and the fact they approved my 797 is proof that my stay was not unlawful. I know some people have mentioned in the forum they had their i94 backdated due to passport expiry reasons which is a cause of worry for me.

[petra]

hi memberdev

my i-94 also expired june 16, 2011 same as my passport but valid h1b. my employer is just about to apply for my h1b renewal. when were you filed for h1b renewal after your i-94 expired,was it already after 180 days? i think you are in good status. i hope i will be approved too.

[petra]

hi memberdev

when you filed for h1b extension,did you stay & wait in the US for the approval or did you go home?my atty. recommended that i go home while waiting for the approval to avoid incurring 180 days .but i'm afraid that i might have some difficulty when i re-enter.

[memberdev]

Petra- Apply for Nunc pro Tunc and just hope USCIS back date your I94.

[petra]

memberdev,did you stay here in the US while waiting for the approval of your nunc pro tunc?

[petra]

memberdev- was your nunc pro tunc & h1b extension filed at the same time? how lng before u got the result of nunc pro tunc?

[akinmike]

I got a simmilar case and I need your advise. My H1B was revoked last year August due to lay- off . The same week we moved back to Canada but my wife forgot to surrender her i-94. Though the date she enter canada was stamped on her passort because she is not a canadian citizen but she has a 3 year Visitor visa on her psaaport. This is good prove that she didn't overstay in the US. Now, I wanted to go back to US for visit as a canadian citizen. should I take her passport and I-94 with me and personaly talk to the US immigration at the border?

Will this affect my re-enter into US?

Thanks,

akinmike

[prv1981]

Petra or memberdev,

Did either one of you go to India to wait for reinstatement of your I-94 or had to get a new H1-B visa? My attorney is suggesting me to go to India and wait for approval decision to stop my unlawful stay before I hit the 180 day mark. Please update on how your scenarios went. Thank you!

[salinasbrad]

My situation is similar , Paspport expired in Oct 2011 and so did my i94, My current h1b is valid till Feb 2012. In Nov , my componay field for my h1b extension and got approved but denied the extension of stay(i94). My attorney says to leave the country and come back.

any other options? i have already travelled twice this year and want to avoid if i can.

[laxmib]

guys.. my case was similar to yours. My I-94 was re instated and I even posted the resolution steps of what I did last aug sometime but I cannot find my post here.Anyways here are my case details.

My I-94 date was nov 2009 while my I797 had date until July 2010. My lawyer found this when they were filing my H1-B extension. Ofcourse that was nerve racking but I found in the forums here itself that a person went to CBP office and his I-94 was corrected. I like in Wisconsin and I went to CBP office in Milwaukee. The officer asked me few questions and he corrected my I-94 date. May be you could try finding/going to a CBP office at your area. One of the persons back then who read my post came in from Atlanta to Milwaukee who was in the same boat as mine and his I-94 was corrected at Milwaukee CBP. Try going to a CBP office.

[yr_84]

I had the same issue. My lawyer went to the CBP office on my behalf with my passport and they corrected the I-94. CBP issued a fresh I-94 with the original I-94 number. Hopefully I can travel with no hassle now.

[psuneja]

Hello yr_84 , my i94 was also amended 20 days after expiry by visiting the local CBP office. My new expiration date is now July 2017 .

Can you please let me know your case ? do you face any issues because of this in future h1b transfer or extension? I m planning to file transfer of h1b after this incident as I have a job offer now, but I m worried about the 20 days I was late to get my date corrected.  

[alphabeta9@outlook.com]

Hi Everyone, 

I am in a very dire situation - 

My I 94 (which I got for the first time at POE) was till July 07, 2016.

In October 2015 my company filed extension and I got the I797 with I 94 attached till July 2018. Post that in April 2016 my company filed amendment. In amendment approval notice USCIS has changed the date back to July 2016(exactly the same date as my first I94 i.e. July 07, 2016) . Somehow this approval notice was overlooked and in Feb 2017 we realized this discrepancy and company has filed NPT(nuch pro tunc). My questions are -

In this case can I go to CBP office and get the date corrected.

Can I travel out of US , say Canada and get new  I 94. 

In case NPT denied , am I looking at 3 years travel banned to US?

 

Any help/suggestion  would be high appreciated.

[Padma22]

On 3/6/2017 at 4:02 PM, alphabeta9@outlook.com said:

Hi Everyone, 

I am in a very dire situation - 

My I 94 (which I got for the first time at POE) was till July 07, 2016.

In October 2015 my company filed extension and I got the I797 with I 94 attached till July 2018. Post that in April 2016 my company filed amendment. In amendment approval notice USCIS has changed the date back to July 2016(exactly the same date as my first I94 i.e. July 07, 2016) . Somehow this approval notice was overlooked and in Feb 2017 we realized this discrepancy and company has filed NPT(nuch pro tunc). My questions are -

In this case can I go to CBP office and get the date corrected.

Can I travel out of US , say Canada and get new  I 94. 

In case NPT denied , am I looking at 3 years travel banned to US?

 

Any help/suggestion  would be high appreciated.

Can you suggest want did you do for getting extension?I am in a similar situation. Please help urgent.