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lippy

I-94 expired 10 months ago - Out of Status - Please help - URGENT

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Not to scare you but remember, USCIS has revoked lots of H1 petitions approved by error because that was a mistake and the same applies in your case too.

 

According to law, you were out of status for like 10 months and you did it knowingly. It will bite you one day. BTW did you contact murthy firm for help or not?? Why was the attorney you consulted was not helpful to you??

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Eventually someone will figure out you were illegally present and you will pay the consequences at that time.

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Eventually someone will figure out you were illegally present and you will pay the consequences at that time.

 

That is not correct. Upon extension, USCIS asks to replace I94 in passport with the one in the I797.

The OP says he had one all along per the following statement. There was no illegal stay.

 

" Upon re-entering the US (just a u-turn), the US guard said the I-94 on my I-797 is sufficient and he will not be giving me a new I-94 but he let me go back into the USA"

 

Forum members, please relax and do not pass comments that may cause needless stress to an already panicked immigrant.

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A person without valid I94 is considered out of status. In this case its 10 months, that's a big red flag.

 

Perhaps you did not read my post. The OP had a I94 from the I797 approval all along. It was just different from the one he got at POE.

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A person without valid I94 is considered out of status. In this case its 10 months, that's a big red flag.

 

Not just out of status. If the I-94 expired, it would have been an overstay, and the time towards a ban would have started. If the OP indeed was overstaying for 10 months, he has a 3-year ban, and would have been admitted in error. Leaving the country when a ban looms is a really bad idea unless the person has discussed the consequences with a good lawyer first.

The OP needs to see a GOOD immigration lawyer. There are lots of bad ones, as he found out, but a good one (e.g., from the law firm running this forum) can give him better advice.

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Perhaps you did not read my post. The OP had a I94 from the I797 approval all along. It was just different from the one he got at POE.

Read the very first post of this thread. OP's I94 expired 10 months ago and he is looking to renew his I94. So he was out of status for 10 months, but luckily officer at POE gave him new I94 and that doesn't mean that he is safe.

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Just an update to everyone. Couple of days back I returned from a 2 week vacation to India and was able to smooth sail through Immigration upon return and got a new e i94. Also my H1B extension has just been approved. 

 

Maybe some of you are right that I will have to pay the price for this at some point. Perhaps during AOS of greencard ... who knows? After this experience Ive learnt to just relax and let the system take care of these things. Theres only so much in your hands specially after such oversights occur. I'll cross that bridge when it comes and if need be I'll return home.

Till then I march on and live to fight another day.

 

Good luck to all!

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I was in a similar boat but got out of it legally, so it's my turn to pass the information to anyone that is interested.

 

My Story:

 

My H1B Visa expires in 2015, however my passport itself was set to expire in May 2014.  As a result my I-94 (electronic) had the expiry date of May 2014.  Since the I-94 cards are all handled electronically instead of the traditional piece of paper they stapled on your visa page, I did not notice I-94 expiry date until August 2014.

 

I luckily work for a large company that IMO has some of the best immigration lawyers.  This company is a global org and they themselves own an immigration law firm that handles all of the company's immigration work.  

 

Once I discovered the fact that I was working for over 2 months on an expired I-94, I immediately called HR and they in turn scheduled a phone call with the legal immigration team and myself.  Here are the options that were presented to us:

 

1.  File an NPT Petition requesting USCIS to backdate the I-94 and explain that this was an administrative error.

2.  Leave the country, for a few days and get a new I-94 upon re-entrance (will work as well)

3.  File a new H1-B petition all together, which will involve you getting a new H1-B stamp

 

Options 2 and 3 will work however it won't "forgive" the time you were illegally in the country.  The lawyers said that every time you file for a Visa, when asked "have you ever been present in the US illegally", you will have to answer "Yes".

 

Option 1 will pardon your illegal time in the US and you can answer "No" to the DS-160 question.  There are some caveats though.  

 

USCIS approves NPT's if the situation was out of the applicant's hand AND as long as their intent is not to stay in the country for long.  Basically if you have an approved I-140 for your GC, then this could ruin your chances of getting an approved NPT.  This is where the good lawyers come in, and they can "build a story" around this issue explaining how you were shorted on your I-94 and were initially approved for a longer period of stay.  Again, a good experienced lawyer can turn this around for you.  

 

My advice to everyone:

 

Please please please pick up the phone and consult a good immigration lawyer.  The ones running this forum I hear are pretty good.  Do not cheap out on this, this is your life in the US we are talking about.  Make sure you do your research and get the right immigration lawyer.

 

If you have the option, always file a NPT (Nunc Pro Tunk) petition for these things.  This is the ONLY method that will pardon your illegal time in the US.  The other mentioned are more like temp fixes, but the illegal stay will come back to haunt you if you ever apply for a green card.

 

My company filed a premium process and I got my approval notice in 9 days, and was technically legally allowed to work again that same day.  However, due to some re-hiring paper work, I chose my start date a week later to enjoy 1 week vacay :-)

 

Again my illegal time in the US was a little over 2 months.  If you have crossed the 180 days mark, then the NPT becomes a little trickier and your lawyer will need to do some very careful work on how to get this approved.  The NPT is at the USCIS discretion, so it's not a guaranteed approval, however I hear they are have some compassion when it comes to these matters.

 

Good luck to you all, I got frightened when I started to read a ton of posts here about leaving the country and coming back in and the risks involved, however my advice is consult a good immigration lawyer and let them deal with this.  You have options and make sure you check out every one of them.  Please post any questions someone may have, and I will do my best to answer them.

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Kudos to your company's Immigration department and Congrats you came out well. Lastly Thanks for posting this in detail for others to learn.

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So lippy

 

Is having a new I797A with a new date for I94 valid if the date on the white card I94 has expired? I am in a similar situation where my white card I94 has expired but I got  a new I797A with the same I94# and a new date.

 

So am I out of status?

 

My dates are as follows - 

- White card I-94 expired on November 7, 2013

- New I797A with the same I94# expires on November 21, 2015

 

I will be travelling to India this december

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Hi All,

I am in same situation. Today it is 30-Oct-2016. My passport and I94 expired on 10-Aug-2016. My H1B visa is valid till 31-Aug-2017. I will get my renewed passport tomorrow and travel to India a day after. My company's lawyers have asked me to submit DS-160 and get new visa stamped through dropbox. I have few questions.

1. What is probability of getting visa re-stamped and coming back to US for me?

2. Does US embassy/consulate ask for any specific document?

3. Does immigration officer ask for any specific document?

4. Should I try asking immigration officer to give me new I94 when I go to US airport day after tomorrow (for travel to India)?

 

Thanks much in advance.

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1. The same as if your I94 were still valid when you leave.

2. About what.

3. Passport visa and petition

4. On what basis. Do not even go there. Enjoy your trip.

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On 8/21/2014 at 5:01 PM, Nashstat said:

I was in a similar boat but got out of it legally, so it's my turn to pass the information to anyone that is interested.

 

My Story:

 

My H1B Visa expires in 2015, however my passport itself was set to expire in May 2014.  As a result my I-94 (electronic) had the expiry date of May 2014.  Since the I-94 cards are all handled electronically instead of the traditional piece of paper they stapled on your visa page, I did not notice I-94 expiry date until August 2014.

 

I luckily work for a large company that IMO has some of the best immigration lawyers.  This company is a global org and they themselves own an immigration law firm that handles all of the company's immigration work.  

 

Once I discovered the fact that I was working for over 2 months on an expired I-94, I immediately called HR and they in turn scheduled a phone call with the legal immigration team and myself.  Here are the options that were presented to us:

 

1.  File an NPT Petition requesting USCIS to backdate the I-94 and explain that this was an administrative error.

2.  Leave the country, for a few days and get a new I-94 upon re-entrance (will work as well)

3.  File a new H1-B petition all together, which will involve you getting a new H1-B stamp

 

Options 2 and 3 will work however it won't "forgive" the time you were illegally in the country.  The lawyers said that every time you file for a Visa, when asked "have you ever been present in the US illegally", you will have to answer "Yes".

 

Option 1 will pardon your illegal time in the US and you can answer "No" to the DS-160 question.  There are some caveats though.  

 

USCIS approves NPT's if the situation was out of the applicant's hand AND as long as their intent is not to stay in the country for long.  Basically if you have an approved I-140 for your GC, then this could ruin your chances of getting an approved NPT.  This is where the good lawyers come in, and they can "build a story" around this issue explaining how you were shorted on your I-94 and were initially approved for a longer period of stay.  Again, a good experienced lawyer can turn this around for you.  

 

My advice to everyone:

 

Please please please pick up the phone and consult a good immigration lawyer.  The ones running this forum I hear are pretty good.  Do not cheap out on this, this is your life in the US we are talking about.  Make sure you do your research and get the right immigration lawyer.

 

If you have the option, always file a NPT (Nunc Pro Tunk) petition for these things.  This is the ONLY method that will pardon your illegal time in the US.  The other mentioned are more like temp fixes, but the illegal stay will come back to haunt you if you ever apply for a green card.

 

My company filed a premium process and I got my approval notice in 9 days, and was technically legally allowed to work again that same day.  However, due to some re-hiring paper work, I chose my start date a week later to enjoy 1 week vacay 🙂

 

Again my illegal time in the US was a little over 2 months.  If you have crossed the 180 days mark, then the NPT becomes a little trickier and your lawyer will need to do some very careful work on how to get this approved.  The NPT is at the USCIS discretion, so it's not a guaranteed approval, however I hear they are have some compassion when it comes to these matters.

 

Good luck to you all, I got frightened when I started to read a ton of posts here about leaving the country and coming back in and the risks involved, however my advice is consult a good immigration lawyer and let them deal with this.  You have options and make sure you check out every one of them.  Please post any questions someone may have, and I will do my best to answer them.

Hello, thanks for sharing! I file my NPT this week and I asked my lawyer if I have my I-140 approved will impact the NPT result, he said “No” which I’ve been doubted. My lawyer mentioned in the NPT that my i140 already approved, after reading ur notes I feel this will lead the NPT get denied

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