Expired i94, Just renewed Passport, Valid H1b,797

[theAspirant7]

Hi Guys,

I have been reading these forums and am in a situation with an expired i94.

The last time I entered the US, i was given the i94 for the passport expiry date: 28th June, 2011. My old passport (and hence my i-94) expired on 28th June, 2011. My new passport got delayed and I got it only by July 9th, 2011. But my H1b visa and 797 are both valid until Nov, 2012. I'm not sure how to go about this situation. I called USCIS twice. They told me different things each time. One person told me to file i-102; another asked me to go to CBP. I called CBP and she asked me to file i-129. I told her that USCIS told me that CBP would take care of this and she started shouting at me saying that this is the information you need. It's up to you whether you want to take it or not!! I visited the CBP office at LAX today. The person at the desk asked to file i539 at USCIS.

Can you please advise what is the best way to go about it now? I know I'm within the 180 days grace period, but I'm very confused with USCIS and CBP playing with me like a tennis ball and am in a very panicky mode!! I read here that you guys went to LAX Deferred Inspection office. Can you please advise where you went? Did any of you have any luck there? Please help me.

Thanks for your time.

[sm1981]

I'm in a similar situation.

797 - expires in Sept 2012

Visa - expired stamp

I-94 - expires in AUgust 2011

passport - expired but I got it renewed this year.

I called the CBP in Minneapolis and they said that they stopped correcting I-94 issues that arise due to expired passports. They told me to get an infopass and visit the local USCIS office. The person at the USCIS office said that I need to file for an extension by sending in the I-539 form.

My only concern is that my I-94 will expire before I get a new one and I'll be out of status. I have a call with an attorney today and I should know more. If anyone has encountered this, please help. Thanks !

[SameerH1Bworker]

If you've valid visa stamped in your old passport, then the easiest way for you is to drive to san Diego & go to Mexico & come back. you'll get new I-94 according to latest I-797.

[sm1981]

Thanks for the reply. I went to the Chicago CBP and they issued a new I-94 today.

[theAspirant7]

Thanks for your responses, SameerH1Bworker and sm1981. I'm planning on either trying the San Diego CBP or walking into Tijuana. Do you know if Tijuana border is safe in the night time? I heard that the wait time is very less during late night and early mornings, but I'm concerned about the safety. Otherwise, I can go in the night time, get stamped and drive back with no traffic hassles.