Loveena Posted October 24, 2013 Report Share Posted October 24, 2013 I am on H4 visa which is vaild. When my husband changed company I was in India and I got H4 under the new company but we didn't apply for I-797 from the new company. My passport was expiring last month so I got I 94 till last month (sept '13). I renewed my passport but didn't realized about I-94 which expired last month. I would appreciate if you could assist me on what can I do to renew it and also would like to know how bad is my situation. Thanks a bunch in advance. Link to comment
jairichi Posted October 24, 2013 Report Share Posted October 24, 2013 I am on H4 visa which is vaild. When my husband changed company I was in India and I got H4 under the new company but we didn't apply for I-797 from the new company. My passport was expiring last month so I got I 94 till last month (sept '13). I renewed my passport but didn't realized about I-94 which expired last month. I would appreciate if you could assist me on what can I do to renew it and also would like to know how bad is my situation. Thanks a bunch in advance. You are accumulating illegal presence in US from Sept 2013. You need to talk to an immigration attorney. I believe you need to leave US, go for visa stamping and enter with a new H4 visa. Link to comment
pontevecchio Posted October 24, 2013 Report Share Posted October 24, 2013 Leave and come back on your H4 visa and your spouses latest H1 petition approval. Link to comment
Veerudu Posted October 25, 2013 Report Share Posted October 25, 2013 Did you go to India for H4 stamping? Link to comment
Loveena Posted October 25, 2013 Author Report Share Posted October 25, 2013 Thank you so much for quick response. Yes I got my H4 stamping in india. I would appreciate if anybody with their prior experience advise if I can travel to Canada with expired I - 94 but valid Canadian visa? Link to comment
Loveena Posted October 26, 2013 Author Report Share Posted October 26, 2013 My husband's attorney is saying I do not need new visa stamp. But can go to canada if I get visa for that. I called Canadian visa center in US ..they say I just need valid passport to get visa. Does anybody knw if this is true that I will get a Canadian visa with expired I 94 and also how much time does it take to get Canadian visa. UPDATE --I also spoke to a CBP supervisor and she said it shod not be a problem in getting new I 94 if my visa is valid. Link to comment
pontevecchio Posted October 26, 2013 Report Share Posted October 26, 2013 You are out of status now. You will not get a visa for Canada if you do not have a valid US visa now. We are telling you to leave this country and come back any which way with a new I94. Go to the Mexican border at Tijuana and return with a new I94. Link to comment
Tjgarla Posted October 26, 2013 Report Share Posted October 26, 2013 Yes the best option is to go to the Mexico border and renew the i94 Link to comment
Loveena Posted October 27, 2013 Author Report Share Posted October 27, 2013 Sorry about the confusion but mr. Pontevecchio I have a valid visa till 2014. My husband also has a valid visa. So if my I94 expires my US visa becomes invalid?? Link to comment
pontevecchio Posted October 27, 2013 Report Share Posted October 27, 2013 Let me be a bit more specific. Overstaying an I94 could result in invalidation of your existing visa and the need to get a new visa in your country of origin. Is your spouses Lawyer an Immigration Lawyer? I suspect the Lawyer needs to tell you if your existing visa is deemed void automatically for overstaying the I94 and if so you need to get another visa from your country of origin before returning. if NECESSARY GET A SECOND OPINION. getting A NEW i94 AT Tijuana IS NOT A MAJOR HURDLE AS YOU CROSS OVER AND MAKE A Link to comment
pontevecchio Posted October 27, 2013 Report Share Posted October 27, 2013 My previous post got truncated. Technically you need a new visa in your home country and then you can return with his H1 petition approval. Stop wasting time and get an Opinion from an actual Immigration Lawyer about what you should do . I DID SUGGEST GETTING A NEW i94. bUT YOUR OVERSTAY TECHNICALLY INVALIDATES THE h4 VISA YOU HAVE. Link to comment
Loveena Posted November 6, 2013 Author Report Share Posted November 6, 2013 Update:- I wet back to India for 2 days. submitted my I-94 before boarding the flight. Celebrated Diwali and came back. The CBP officer just asked me how long I plan to stay as I was on H4 visa( My visa was valid, didn't have to go for stamping again) and just gave me new stamp of admission till my visa expires. I have not checked the I-94 online yet but everything went well.. was a little expensive mistake on our side to forget to renew I-94. Good luck to everyone else. Link to comment
Loveena Posted November 6, 2013 Author Report Share Posted November 6, 2013 Update:- I wet back to India for 2 days. submitted my I-94 before boarding the flight. Celebrated Diwali and came back. The CBP officer just asked me how long I plan to stay as I was on H4 visa( My visa was valid, didn't have to go for stamping again) and just gave me new stamp of admission till my visa expires. I have not checked the I-94 online yet but everything went well.. was a little expensive mistake on our side to forget to renew I-94. Good luck to everyone else. Link to comment
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