kk84 Posted October 25, 2016 Report Posted October 25, 2016 Hello All, Below is my case First I-797 - Valid till Sept 16th 2016 (Stamping is done) second I-797 - Valid till Sept 2019 and company insisted me to get the stamping done in June while I still have my valid visa. I got my stamping done and re-entered US in LA and got my I-94 till 2019. Now, I tried to go to INDIA on Monday for my wedding and below are the sequential things that happened. 1. When I went to LAX airport, they have stopped me at the security checkpoint and told that my information is not pulling up in their database. 2. I showed the online I94 documentation to the officer which is issued when I came back after my new H1B visa stamping that is from Sep 17th 2016 through Sep 2019. 3.They asked me to stand by for a while to check my docs. 4. They came back after an hour or so and told that my visa is expired on Sep 16th 5.We assume, when I came back from INDIA to USA in June the officer at the POE might have scanned the old visa as it expires on Sept 16th of 2016 and since it expired they are unable to pull my new visa info. 6.They asked me to contact US Embassy and submit all the docs that I have submitted for my visa stamping. 7. I submitted all the attested copies on the next day with the new employment letter. 8. they replied back, that they would check all the documents and the wait time is for 3-6 months. I went to CBP and spoke with them. They told me not to leave the country until the status of my case changes to 'In Progress' status and it might take up to 3 weeks for that to happen. In case, if I leave the country before that I will be debarred for 1 or 3 years. Not sure what to do now. Please let me know, if you need any other details. Please help me out. Thanks
JoeF Posted October 25, 2016 Report Posted October 25, 2016 Do you have a lawyer? If not, get one, and have the lawyer handle this.
pontevecchio Posted October 25, 2016 Report Posted October 25, 2016 The story does not add up. 39 days overstay even if unlawful has no return penalties. Moreover they will be very happy to let any one leave. CBP is not in the business of advising you. Are you working for a known company? Inform your company and get a Lawyer involved on an urgent basis as you do not want to postpone your wedding. Be sure to let us know what happens.
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