I-94 expired a year ago. I-797 valid, H1B Visa valid until Sept 11

[karly]

Thanks a lot in advance for reading and hopefully somebody can have some good advice.

Looks like I'm in a very unlucky and usual situation:

My I-797 and H1-B Visa are valid until Sept 2011.

My I-94 expired with my passport back in Feb 2010 due to the fact that I went for vacation back in 2009 and CBP put the passport expiration date at that time for the I-94.

I didn't realize until yesterday about the situation :(

I have my passport renewed (the same one).

Can I leave the country in order to get a new I-94 upon re-entry? Or I would get stop at the border for being out of status since 2010?

Can I get it done in a CBP office? I mention this because several post indicate that they have it solved at this but I tried calling JFK and I also called Seattle but the later told me to just go to my closest one in the area where I live.

thanks again

[This message was edited by karly on May 13, 2011 at 01:49 PM.]

[pontevecchio]

Get a Lawyer involved ASAP. Do not leave the country before this is sorted out.

[karly]

thanks for reply. Actually, a lawyer told me that the better bet would be to leave and come back. He said it was risky but the alternative was risky too.

I was wondering if anybody actually did that.

[pontevecchio]

I am not being unkind when I tell you that you will get a 10 year ban if you leave without sorting this mess. I cannot envisage any Lawyer telling you to leave.

[samsung123*]

can you tell me how you handled the situation ..looks like iam in the same boat ........i cant stop cursing my self for not looking at what the POE office wrote on my I94 , even after showing the latest I 797... please post how you handled this scenario...

[memberdev]

I'm in the same boat. i94 expired over 6 months but have a vlid 797. Filing for Nunc Pro Tunc next week. Lawyer advised it is too risky to leave the country as it may result in a bar.

[prv1981]

My I-94 expired 3 months ago. My attorney is suggesting for a discretionary reinstatement of I-94 when filing for my H1-B extension. Is this same as Nunc Pro Tunc? Did anyone have positive result from filing for Nunc Pro Tunc for an expired I-94.

[abhiJ]

All,

How do someone know that his/her I 94 is expired? I could never understand this deal ....

Thanks,

Abhij ,,,

[Attorney_13]

When one is admitted to the U.S., the CBP officer will right a date on the I-94 card. This is the date that one is admitted into the U.S. for. If one overstays this date, they will start accruing unlawful presence. However, if one's passport is expiring prior to the end date of the petition (on the I-797) they may only be admitted through the end date on their passport.

If one is already in the U.S. and applies for a status benefit from the U.S.C.I.S., the I94 card that is issued with the I-797 approval notice will also have an end date.

There are some exceptions. For example, students (F-1) are not given a specific date, but rather admitted for the duration of their status. This is notated as "D/S."

Please consult with a qualified immigration attorney to understand more about validity periods, expirations of status/I94 cards and petitions, and how to maintain your legal nonimmigrant status in the U.S.

[prv1981]

Memberdev --- Did Nunc Pro Tunc work for you. My attorney filed for the same this week but I am under 6 mos of I-94 expiry and waiting for a positive decision.

Attorney 13 --- If Nunc Pro Tunc does not work, then what other alternatives are there besides leaving the country?

Thank you for your help!

[Sashidhar77]

Hi

I just realized that I am in the same situation as you are/were.

Could you please let me know what steps you took and what the outcome was? Any input is highly appreciated. Kindly reply.

Thanks!

 

 

 

Thanks a lot in advance for reading and hopefully somebody can have some good advice.
Looks like I'm in a very unlucky and usual situation:

My I-797 and H1-B Visa are valid until Sept 2011.
My I-94 expired with my passport back in Feb 2010 due to the fact that I went for vacation back in 2009 and CBP put the passport expiration date at that time for the I-94.

I didn't realize until yesterday about the situation :(

I have my passport renewed (the same one).

Can I leave the country in order to get a new I-94 upon re-entry? Or I would get stop at the border for being out of status since 2010?

Can I get it done in a CBP office? I mention this because several post indicate that they have it solved at this but I tried calling JFK and I also called Seattle but the later told me to just go to my closest one in the area where I live.

thanks again

[This message was edited by karly on May 13, 2011 at 01:49 PM.]

[Sashidhar77]

Hi

I am in the same situation.

Can you please let me know what steps you took an what the outcome was? Any help is appreciated.

Thanks.

 

 

 

can you tell me how you handled the situation ..looks like iam in the same boat ........i cant stop cursing my self for not looking at what the POE office wrote on my I94 , even after showing the latest I 797... please post how you handled this scenario...

[rajipillai]

HI,

 

I am in the same situation, i94 issued upto passport expiry and it is expired now and waiting for the new passport. H1B is valid until May 2014.

 

Can you please tell me if there was success in your case?

 

Thanks.

 

Rajesh