I94 extension on valid H1 petition

[pras2013]

Hi,

 

I am on H1 visa and changed my employer. I received i797 valid till 02-Aug-2014 for new employer. I went to India on a trip but didnt get the visa stamped. On return, I got the I94 expiry date same as my old employer's visa end date (i.e. 30-Sep-2013). The officer @POE didnt ask and I dont know that I have to show the new I797 form.

 

After that I went to CBP for deferred Inspection, but they said because its not a mistake on part of the officer, they wouldn't do it. They asked me to apply for I539 form at USCIS. Upon checking USCIS, i found that I539 can be filed for H4 dependents but for me, the employer has to file I129. Even thought the fees for I129 is $325, the whole process seems to cost 3-5 grand for my employer.

 

I have below questions:

- I want to check on crossing border as it can be cheaper option at the moment. I am in Austin. Are there any places nearby to cross the border without risk? what are the best places to go for crossing border near to Austin? or SanDiego is the best option?

- If i cross the border and come-in immediately with the old visa, can i get the I94 extended till my H1 petition date (02-Aug-2014). is it legitimate using my old visa?

- do I need to get my visa stamped after crossing the border? i dont have plans to travel till next year. My H1 petition is expiring next year, so want to get visa stamped after my H1 extension. if required, i can get it stamped.

 

Appreciate a quick response. Thanks for the help!!

I referred other topics with similar information, but didnt find same situation.

 

Thanks,

Kumar

 

 

[pontevecchio]

Did you actually tell the CBP that you showed the old petition because you did not know?  All you had to do was indicate you showed the right petition and the Officer made a possible error. Or did you not want to show the new approval as per employer advice? A lawyer can help you.

[pras2013]

Thanks Pontevecchio for the quick repsone. Appreciate it.

 

At POE, the officer asked me about Passport and he didnt asked me about petition. So I gave him my passport and didnt showed the petition. I was not aware that I had to show the petition even though the officer didnt ask for it.

 

So at CBP @deferred inspection, I mentioned the same. the officer said because it is not part of a mistake at POE, they dont correct. They said I am supposed to show even if they dont ask for it.

 

My I94 on passport is expiring on 30thSep2013. So what are my options?

 

- Should I cross the border or is there any other way? filing an extension with the employer is costing more.

- Is it legal that I can use my old visa of previous employer as it is valid? Before travelling I checked the same with my employer's lawyer. they said it is legal. I want to make sure.

 

 

Thanks,

Kumar

[pontevecchio]

Do what your employers lawyer suggests.

[pras2013]

Please let me know what do you suggest. That's the reason I appraoched this forum if there any options.

I heard crossing borders is risky in terms of returning to USA.

[pontevecchio]

Ask your employers Lawyer to contact CBP and have your I94 corrected. Or have you not informed your employer?

[pras2013]

I already went to CBP following my employers advice. But CBP said because this is not a mistake on officer side, they dont correct it. The officer said I should point out at POE that the officer had made a mistake by entering the visa end date as I94 extension date. Because I didnt point out the mistake at POE, they dont do it now. they asked me to file for I539 with USCIS. But when i checked, I539 is only for H4 dependents and not for H1 visa.

so when i checked with my employer, i had 2 options - 1. crossing border and 2. filing a new H1 extension (which is expensive and not my employer's mistake)

 

-if i had to cross border, which is best to go? I am in Austin

-do i need to get a new visa at border? (i stil have valid visa with old employer)

- is there any other option with out crossing border?

 

please let me know.

[pontevecchio]

Get a Lawyer involved.

[t75]

But don't lie as was suggested.

[pontevecchio]

This is a respected forum and nobody suggests lying. How about getting rid of the rancor and giving the Op sage advise? In fact the CBP is supposed to make sure and then issue the I94. The CBP made an error and they have to correct it. They have no choice unless they claim they have a video recording of the events at the POE which showed the OP lying. FYI, this scenario has happened too often and in almost all cases the CBP has made the legally required correction. On the other hand maybe the OP is not letting us know the full facts.

[Rakee]

Hello pras2013, I wish everything with you is now safe. One of my friend's has the same situation. Could you please me know how you proceeded with this. Your advice would be very helpful.