Urgent !!!!! I-94 Expiration

[h1visaworcester]

Hi,

My I-94 was expired by 30th Sep 2010.

I got visa extension denial on Mar 2011.

Filed MTR in April 2011.

So please let me know about the 180 days after I-94 expiration, Am I staying in US illegal or 180 days period will start from the day that I filed for MTR?

Thanks in Advance,

[sindhu_tatimatla]

Hi,

I am not sure if my case relates to yours, but I recently (in May 2011) found out that I was carrying an expired I-94 document (issued in Jun 2010, expired in Sep 2010). My I-797A and the I-94 attached to my I-797A were current (issued in May 2009 with May 2012 expiration date). Btw, the bottom part of the I-797A document contains an I-94 document.

After some research I found out that the most recently issued I-94 prevails and an expired I-94 document puts you out-of-status even if your I-797A and attached I-94 are current.

I think I might have shown the CBP Officer at my port of entry (I entered in Jun 2010, back from a trip to India) an older I-797A (09/2010 expiration), from a previous employer which led to an incorrect expiration date on my I-94.

After more research, I concluded that going to a Deferred Inspection CBP Office would yield the best results. I live in the San Francisco Bay Area and went to the Deferred Inspection CBP Office at 600 Sansome, San Francisco. I did not have an appointment. I tried calling the CBP office, but got no answer, so I went in person.

I took both, my older I-797A (with 09/2010 expiration) and my new I-797A (with 05/2011 expiration) to the CBP Office along with my current I-94 document. I explained why the current I-94 document had an incorrect expiration date, acknowledging that I might have shown the officer at the port of entry an older I-797A (my mistake completely).

The person at the check-in as well as the CBP Officer were both understanding. The CBP Officer took my passport, my I-797As, my I-94 document inside. 30mins later, the CBP officer gave me a corrected I-94 document.

Hope this helps.

Best,

Sindhu