Out of Status due to Expired I-94 for more than 180 days

[vg30]

Hello Folks,

 

(Need urgent advice)

 

It was just brought to my attention today from the company's hired  law firm that I have been Out of Status for the past 9 months (since Sept 2015).  I was not aware of this because my I-797 always had the date stamped for Sept 2016.

 

I have been on H-1B since 2009 and got my passport stamped twice for H-1B work visa. and currently my I-140 is approved. 

 

However, during my port of Entry in March 2015, the immigration officer matched the VISA date that was stamped (Sept 2015) instead of reflecting the one in my updated I-797 (Sept 2016).

 

Since I have gone more than 6 months into this Status, I am very worried on the next steps. Some steps I have been told to take are

 

1) go to nearest Deferred Inspection office and explain your case. However, since I am already Out of Status for more than 180 days, would they right away Deport me? 

 

2) If officer does not issue correction, then file an NPT alongwith the Visa Extension. with detailed explanation of why this was missed. 

 

Would either option 1, 2 get the "out of status" record erased from my profile. Also, how has the success rate been in the recent past (2016) for such cases and Which Lawyers can I reach out to for this?

 

Can you pls let me know.

[pontevecchio]

What do the companies hired law firm intend to do about it? They need to act on your behalf and get the I94 changed appropriately. How did you not notice at that time?

[satish.sap970]

oh no 180+ days... Sorry to hear that..

 

Consult an immigration attorney asap...  Reach out to Murthy law firm immediately  

[kln30]

Hello vg30,

 

I'm in the same situation like you. I-94 expired on Sep 2015 and I-797 , H1B visa available till Aug 2016.

 

I'm going to talk to the attorney in couple of days.

 

What is your status right now?? Did you have a chance to meet the CBP officer and get the I-94 corrected??

[river123]

I'm in the same situation. My case is even worse. It's already over one year, and my company already terminated contract with me. Can anyone help? 

 

Hello vg30,

 

I'm in the same situation like you. I-94 expired on Sep 2015 and I-797 , H1B visa available till Aug 2016.

 

I'm going to talk to the attorney in couple of days.

 

What is your status right now?? Did you have a chance to meet the CBP officer and get the I-94 corrected??

[Vaibhavi]

Hi .

My husband and I discovered today that we have been out of status for a year now. My husband had his H1 amendment started and on submitting the online i94 we got to know that it’s been expired for more than a year now and his attorney told us about the same. Our h1’s and h4’s have their valid dates till 2021.

As I saw the similar cases here in this forum wanted to know what are the chances for the i 94 to get corrected by the CBP officer? Wanted to know how many ppl who had a similar problem had a success rate of getting this issue resolved. 

[Vaibhavi]

Do I need to pay the consultation fee for get the outcome of the case you have presented in article.
Please let me know the response… my email id is buls.sharma@gmail.con

 

[Jkl6767]

On 11/17/2019 at 9:49 AM, Vaibhavi said:

Hi .

My husband and I discovered today that we have been out of status for a year now. My husband had his H1 amendment started and on submitting the online i94 we got to know that it’s been expired for more than a year now and his attorney told us about the same. Our h1’s and h4’s have their valid dates till 2021.

As I saw the similar cases here in this forum wanted to know what are the chances for the i 94 to get corrected by the CBP officer? Wanted to know how many ppl who had a similar problem had a success rate of getting this issue resolved. 

Did u got any solution

[Jkl6767]

Did u got any solution for 180 days .

[Rajmoody123]

On 11/17/2019 at 9:49 AM, Vaibhavi said:

Hi .

My husband and I discovered today that we have been out of status for a year now. My husband had his H1 amendment started and on submitting the online i94 we got to know that it’s been expired for more than a year now and his attorney told us about the same. Our h1’s and h4’s have their valid dates till 2021.

As I saw the similar cases here in this forum wanted to know what are the chances for the i 94 to get corrected by the CBP officer? Wanted to know how many ppl who had a similar problem had a success rate of getting this issue resolved. 

Hi Vaibhavi,

My wife is in the same boat.

 

Could you please let me know what happened with your H4 case? DId you apply for H4 extension through NPT ? Did it get approved?

I really appreciate your quick feedback.