i -94 Expired and I 797 Still Valid 2019 Sep

[Jayakumar Nachimuthu]

Yesterday I came to know that my I-94 is already expired on 31 th Dec  2017, and right now I am out of status, but I have approved I-797, which has expiration Sep, 2019.

When I recently entered into US on 18th Dec 2016, POE officer put 31th Dec 2017 date on I-94, because I have visa stamp from my previous employer expired on 31 th Dec 2017 , and officer did not ask for my I-797 from my current employer which, has expiry date Sep, 2019. Now I have no idea what to do. Since It has been more than 6 months to my I-94 expiration, I might have to leave USA immediately and I will be ban to enter USA for 3 years on any visa. After googling about this issue came to know following are the options for me:-

1. Go to near by CBP office and get I-94 updated(its too risky, specially, it has been more than 6 months to I-94 expiration)

2. Apply for H1B extension with Nunc pro tunc process.

This is very serious situation for me. Please help me what is the best way to solve this problem. I will really appreciate it. Thanks in advance.

[pontevecchio]

You were supposed to know how the system works and should have been proactive in handing the appropriate and only H1 petition approval which counts for entry. Stop getting in deeper. Involve a Lawyer.

[Ajchalasani]

I've been through the same situation but just crossed the border in Mexico and was able to get a new I-94 issued there without any issues. Crossed the border near San Diego. Hope this Helps. 

[Pittfall]

Ajchalasani, 

So if I understood correctly, is that your I-94 was already expired when you got a new I-94 corrected. 

My I-94 was stamped in my old passport and my extension is in process. 2 days prior to my I-94 expiring my lawyers advised against traveling to Mexico to have my new passport stamped. 

How long after your I-94 expire did you leave and reenter? 

Thanks, 

[RajHope4Best]

Hi Jay,

Please can you share your updates as to what action has been taken.

[Pinky567]

On 3/9/2018 at 11:19 AM, Ajchalasani said:

I've been through the same situation but just crossed the border in Mexico and was able to get a new I-94 issued there without any issues. Crossed the border near San Diego. Hope this Helps. 

Hello,

Please suggest what steps you followed to cross the border? Did you take an appoitnment? I am in the same situation to extend my i94 after passport renewal.

Thanks,