I94 expired 5 days ago with valid H1B visa ... please help

[rajipillai]

I94 was issued until september 2nd 2013 since the passport was expiring on september 2nd 2013 but the H1B visa is valid until May 2014. I am waiting for my new passport.

 

1) What are the options I have to get the I94 extended? 

2) Is my stay in USA is out of status now?

3) I read I-539 form can be used to get it extended?

 

Can anyone guide me with the correct process so i can continue to stay and work here?

 

Thanks.

 

Raj

[jairichi]

I94 was issued until september 2nd 2013 since the passport was expiring on september 2nd 2013 but the H1B visa is valid until May 2014. I am waiting for my new passport.

 

1) What are the options I have to get the I94 extended? 

2) Is my stay in USA is out of status now?

3) I read I-539 form can be used to get it extended?

 

Can anyone guide me with the correct process so i can continue to stay and work here?

 

Thanks.

 

Raj

I94 determines your legal stay in US. Visa is just an entry document.

(1) You have to exit and enter US with new passport to get new I94

(2) Yes

[rajipillai]

Hi Jairchi,

 

Thank you for the reply, 

 

People were saying in forums that if i94 expires, the visa becomes invalid? Is this true?

 

Can i go to mexico border and get it renewed or should i exit to india and come back? which one is better?

 

Thanks.

[pontevecchio]

You need to have taken this seriously. You will need a new H1 visa issued in India and then you can come back. First snap to it and talk to a Lawyer to see whether anything can be done." INA § 222(g)".

[jairichi]

Hi Jairchi,

 

Thank you for the reply, 

 

People were saying in forums that if i94 expires, the visa becomes invalid? Is this true?

 

Can i go to mexico border and get it renewed or should i exit to india and come back? which one is better?

 

Thanks.

Well, I believe you are accruing illegal status by staying in US after I94 expiry. Normally in Mexico you will not get a new I94 as they do automatic revalidation. This is serious issue. You need to speak to an attorney asap.

[pontevecchio]

@jairichi AVR is a benefit and not something thrust on you if you do not want it. 221(g) INA renders the H1 visa invalid in this case.

[jairichi]

@jairichi AVR is a benefit and not something thrust on you if you do not want it. 221(g) INA renders the H1 visa invalid in this case.

@ pontevecchio: Thanks for the info. So, in this case can OP leave to Mexico & ask for fresh I94 based on approval notice & new passport & enter US?

[pontevecchio]

The OP has invalidated the H1 visa and can only get a new visa in India after which she can come back based on the approved H1 petition. A lawyer may have some alternative.

[jairichi]

The OP has invalidated the H1 visa and can only get a new visa in India after which she can come back based on the approved H1 petition. A lawyer may have some alternative.

@ pontevecchio: Got it. Thanks

[rajipillai]

Hi pontevecchio,

 

I havent got my new passport yet. Lawyer suggested that file H1b again and leave the country and come back after few days and see if they will let me in. Lawyer said nowhere it is written that H1 visa will become invalid if i-94 expires for visa category H and all compared to visitors visa.

 

The whole issue is I thought my passport is expiring next year and happened to see that it is expiring in few days, also noticed about I94 date after sending the passport, else i would have exited the country and renewed the passport in india.

 

Another lawyer said, another client with same situation went to CBP office and got it fixed. She said i am not out of status as long as i have valid visa.

 

I am really confused of what is the exact thing to do without getting into trouble. I would have gone to canada and tried to come back but their staff is in strike and it will take 30 days to get the visa.

 

Lot of people had the same issue but nobody has mentioned what they did to resolve it.

 

 

 

Thanks.

[jairichi]

Hi pontevecchio,

 

I havent got my new passport yet. Lawyer suggested that file H1b again and leave the country and come back after few days and see if they will let me in. Lawyer said nowhere it is written that H1 visa will become invalid if i-94 expires for visa category H and all compared to visitors visa.

 

The whole issue is I thought my passport is expiring next year and happened to see that it is expiring in few days, also noticed about I94 date after sending the passport, else i would have exited the country and renewed the passport in india.

 

Another lawyer said, another client with same situation went to CBP office and got it fixed. She said i am not out of status as long as i have valid visa.

 

I am really confused of what is the exact thing to do without getting into trouble. I would have gone to canada and tried to come back but their staff is in strike and it will take 30 days to get the visa.

 

Lot of people had the same issue but nobody has mentioned what they did to resolve it.

 

 

 

Thanks.

As I said earlier, your visa is immaterial. Visa is a document to enter a country. In US I94 determines the duration of your stay. Why do you think people getting 10 year visitor visas to US can not stay for 10 years continuously even though visa is valid? Because I94 has the date by which you have to exit.

 

Your attorney clearly knows that staying in US after I94 expiry is illegal and you are accruing illegal presence. You can not do much till you get your new passport. 

 

Since you are getting conflicting views get the help of an immigration attorney from Murthy law firm. And, as I said do it asap.

[rajipillai]

UPDATE so that it can help others who has I94 expired with valid H1b (mine was expired 12 days) :After talking to several lawyers, they told me to go out of the country and come back since my visa is valid and only I94 expired. They said even if i apply for h1b extension with nunc pro tunc motion, it may not come with the new I94. I didnt try to fix this in local CBP since i was little nervous to do that.

 

So i went to jamaica for 2 days (Indian passport does not need visa for upto 10 days vacation) and came back. No questions asked, got the new i94 based on the valid of visa plus 10 days grace period. 

[jairichi]

UPDATE so that it can help others who has I94 expired with valid H1b (mine was expired 12 days) :After talking to several lawyers, they told me to go out of the country and come back since my visa is valid and only I94 expired. They said even if i apply for h1b extension with nunc pro tunc motion, it may not come with the new I94. I didnt try to fix this in local CBP since i was little nervous to do that.

 

So i went to jamaica for 2 days (Indian passport does not need visa for upto 10 days vacation) and came back. No questions asked, got the new i94 based on the valid of visa plus 10 days grace period. 

Good to know every thing went fine with you. Thanks for sharing your experience.

[srupesh]

My I - 94 has Admit Until date of  Oct 13 2013 but I still have valid I 797 until  Mar 19 2015. I am planning to travel on Oct 31 2013 and planning to attend visa interview to get stamped on my passport.

 

 Does Admit Until date expiration is any issue when I travel or when I attend visa interview for my H1 ? Please let me know if there is any issue ?