I-94 expired, I797 Valid, H1B - COVID

[sahilmishra]

Hi, I have read some of the questions here but none of them seem exactly like the problem I have and to Covid-19 times.

My situation is as follows :

- Today is July 17, 2020

- My I-94 expired on April 12, 202

- My old passport expired on April 13, 2020 (which is the reason my I-94 was only valid until April 12, 2020)

- My I-797 and My H1B Visa on my old passport dont expire until Sept 13, 2021

- My new passport got re-issued to me on Feb-18-2020, and expires on Feb-18-2030

 

At POE, when the latest I-94 was stamped, it was Sept 13, 2019. And my plan was: when I get a new passport, I will leave the country for a vacation sometime in 2020 and come back and get the new passport stamped and a new I-94. But Due to Covid-19 closures starting March 7 (CA), I had to abandon this plan.

 

As I understand I may be in violation of some sort, this is new to me, what are my options without leaving the country? I understand going to CBP may be risky??

Any advice will be very much appreciated.

[raag]

Hi,

I'm in the same situation. What did you do to resolve this?

[pontevecchio]

Run it by the employer or his lawyer.

[vasukar]

Hello All,

I got in to the same situation and below are the steps i took to get it corrected.

Last port of entry: July 19, 2019,  I797/H1B Expiration date: 1/5/2021, Passport expiration: 7/5/2020.

During the port of entry i got my I94 stamped until 7/5/2020 which was my passport expiration date. I recently got my renewed passport but forgot to update my I94. It was almost 30 days since the I94 was expired. On 8/4/2020 today, I called the CBP office of my nearest location [Use this link to find it: https://www.cbp.gov/contact/ports/deferred-inspection-sites] and explained the situation. They asked me to email some documents for both me and my wife which i did today morning and within couple of hours i received the email that my I94 got updated for both me and my wife. I did check and confirmed on the I94 official site and everything looked good.

Please do not panic and hope this information helps for everyone who are in to the same situation of I94 expired but I797/Visa is still valid.

[Spectrum]

Hello Vasukar,

Can you please help me in knowing which CBP location did you contact and what exactly did you explain them because I am in a similar situation like yours and would like to know more about how the issue was resolved. 

Raag & Mishra can you please update if you have received any update on your case as well.

Thanks...

[tribute.zhang@gmail.com]

On 8/5/2020 at 10:43 AM, vasukar said:

Hello All,

I got in to the same situation and below are the steps i took to get it corrected.

Last port of entry: July 19, 2019,  I797/H1B Expiration date: 1/5/2021, Passport expiration: 7/5/2020.

During the port of entry i got my I94 stamped until 7/5/2020 which was my passport expiration date. I recently got my renewed passport but forgot to update my I94. It was almost 30 days since the I94 was expired. On 8/4/2020 today, I called the CBP office of my nearest location [Use this link to find it: https://www.cbp.gov/contact/ports/deferred-inspection-sites] and explained the situation. They asked me to email some documents for both me and my wife which i did today morning and within couple of hours i received the email that my I94 got updated for both me and my wife. I did check and confirmed on the I94 official site and everything looked good.

Please do not panic and hope this information helps for everyone who are in to the same situation of I94 expired but I797/Visa is still valid.

Hi Vasukar

can you tell us which CBP did you email? I am kind of in the same situation. and tried several of them has no luck.

 

Thanks

[Sensei]

Hi Vasukar,

My wife is in same situation as you explained. Will you be kind and share your contact please to have a quick chat asap please? Here is my email: mithun_nagabhairava@yahoo.com

[H1B-Holder]

Hello, I am in same situation. I tried several CBP offices over the phone and in person. None of the locations accepting to update i94 since i94 expiry because of passport expiry is not a mistake of POE. Anybody has luck and were able to update to i94 without leaving US. This is really stressful time.