ketanthakkar27 Posted January 8, 2015 Report Share Posted January 8, 2015 Hey My Old passport expired in oct-2014 i have renewed my passport and good till year 2024 at the time of my last entry in USA i Got I-94 till Oct-2014 and my I797 petetion / Visa is valid till Nov-2016. what do i need to do to get me new I-94 or corrected I94 ??? Link to comment
jairichi Posted January 9, 2015 Report Share Posted January 9, 2015 If you are in US with that expired I94 then you are illegally present from Oct 2014 and if you were working that is unauthorized employment. You need to exit and enter with a valid H1B visa and I797 to get new I94. Before exiting US talk to a good attorney immediately. Link to comment
ketanthakkar27 Posted January 9, 2015 Author Report Share Posted January 9, 2015 Will my employer needs to file extension again ?? Although I have the 797 with nov2016 date?? Need to go to home country or any near by country would do ?? Link to comment
ketanthakkar27 Posted January 9, 2015 Author Report Share Posted January 9, 2015 Does my employer needs to file another extension ?? And get the new 797?? Need to go to home country or near by country would do?? Link to comment
jairichi Posted January 9, 2015 Report Share Posted January 9, 2015 Does my employer needs to file another extension ?? And get the new 797?? Need to go to home country or near by country would do?? Your I797 validity has no value when your I94 has expired. You are looking at serious trouble. Talk to your employer's attorney today and act accordingly. Link to comment
ketanthakkar27 Posted January 9, 2015 Author Report Share Posted January 9, 2015 Employers attorney told that I just need to go to my home country and can get my visa done with the current i797 which is good till nov2016. Is that true?? Link to comment
jairichi Posted January 10, 2015 Report Share Posted January 10, 2015 Employers attorney told that I just need to go to my home country and can get my visa done with the current i797 which is good till nov2016. Is that true?? With an I94 that is expired in Oct 2014? Might be. Talk to an independent attorney. Link to comment
admchaitu Posted January 13, 2015 Report Share Posted January 13, 2015 Hi Ketan, I am also in similar boat as you are in. My PP and I 94 expired in Nov'2014. I have contacted local CBP offices and Airport CBP offices and none of them worked out. I am planning to go to cross Mexico border next week end. Let me know if you have made any decisions on your case. Thank you Kris Link to comment
jairichi Posted January 14, 2015 Report Share Posted January 14, 2015 Hi Ketan, I am also in similar boat as you are in. My PP and I 94 expired in Nov'2014. I have contacted local CBP offices and Airport CBP offices and none of them worked out. I am planning to go to cross Mexico border next week end. Let me know if you have made any decisions on your case. Thank you Kris Before you attempt to cross border talk to your employer's attorney. Link to comment
ketanthakkar27 Posted January 17, 2015 Author Report Share Posted January 17, 2015 I am planning to go to India next week for my stomping again because if your I-94 is expired then you may have valid visa stamp on your old passport but your I-94 overrides your visa in the system. So it may not work if you plan to go to maxico. I talked to murthy attorney and I got a response that what I am doing is the correct way to do it if you have stayed less than 180 days after your I-94 expired..so I got my visa appoinent setup and planning to fly next week. I had the same response from my employer attorney but for second opinion I choose Murthy and I got the same response.. Let me know what decided and how that works in your case.. I will update this post with my outcome of the visa interview.. Link to comment
jairichi Posted January 18, 2015 Report Share Posted January 18, 2015 I am planning to go to India next week for my stomping again because if your I-94 is expired then you may have valid visa stamp on your old passport but your I-94 overrides your visa in the system. So it may not work if you plan to go to maxico. I talked to murthy attorney and I got a response that what I am doing is the correct way to do it if you have stayed less than 180 days after your I-94 expired..so I got my visa appoinent setup and planning to fly next week. I had the same response from my employer attorney but for second opinion I choose Murthy and I got the same response.. Let me know what decided and how that works in your case.. I will update this post with my outcome of the visa interview.. Good you talked to an attorney from Murthy law firm. Good luck with your visa interview and update us later. Link to comment
admchaitu Posted January 20, 2015 Report Share Posted January 20, 2015 Hi Ketan, I went to Mexico border yesterday and i have corrected by I-94 as per my I-797 validity. Good luck with your case. Thank you Kris Link to comment
ketanthakkar27 Posted January 29, 2015 Author Report Share Posted January 29, 2015 That's very good, and so it worked out in your case. In my case I appeared for interview and he just looked at my both passport and i 797 and then just cancelled my visa on old passport and give it back to me and kept my new passport with him and told me that I will have answeres in a few days. So typically when they keep the passport with them then they normally gives the visa , correct ??? So now just waiting for answers to come back.. Let me know what you think on this?? Thanks Ketan Link to comment
jairichi Posted January 29, 2015 Report Share Posted January 29, 2015 That's very good, and so it worked out in your case. In my case I appeared for interview and he just looked at my both passport and i 797 and then just cancelled my visa on old passport and give it back to me and kept my new passport with him and told me that I will have answeres in a few days. So typically when they keep the passport with them then they normally gives the visa , correct ??? So now just waiting for answers to come back.. Let me know what you think on this?? Thanks Ketan Looks a straight forward case. Just wait to get your passport with stamped visa. Link to comment
ketanthakkar27 Posted January 30, 2015 Author Report Share Posted January 30, 2015 I got my visa stemped and have the same validity as it was on my old passport. So it worked out very well.. Thanks a lot all of you for your guidance here.. Thanks Ketan Link to comment
umayd Posted February 8, 2015 Report Share Posted February 8, 2015 Hithere..mmy husband has same issue except he found out by chance yesterday that on his last entry the officer had stamped oct2014 as i94 expiry , both me and my kid travelled with him and got oct 2016 for i94 expiry. now he is travelling to mexico to see if it can be resolved. can he be deported from there .also i am on h4 , should i accompany him or not grateful for any help Link to comment
pontevecchio Posted February 9, 2015 Report Share Posted February 9, 2015 @umayd, Has he spoken to a Lawyer or is he taking steps on his own? Link to comment
arshad19 Posted February 11, 2015 Report Share Posted February 11, 2015 For me Visit to the DIS worked out. Has the same issue of I94 getting expired 2 years prior to I797 expiry date. Link to comment
jigargaglani Posted February 24, 2015 Report Share Posted February 24, 2015 Hi Ketan, I went to Mexico border yesterday and i have corrected by I-94 as per my I-797 validity. Good luck with your case. Thank you Kris Hey Kris, So did you drove to Mexico and re-entered via roadway or you traveled by flight ?. My lawyer says it needs to be an entry via airport. Please reply. Thanks , Jigar Link to comment
jigargaglani Posted February 25, 2015 Report Share Posted February 25, 2015 Hello, My I 94 is expiring in May 2015 and my H1B is valid till Nov 2015. When I last entered USA my passport was expiring in May 2015 and which was the reason I got I 94 until May. I have renewed my passport but CBP says I can't extend my I 94 by personally going to CBP office since my passport was expiring, it wasn't any error on their part. After going through forums I see that the best option is to go outside USA and re-enter. My question here is : 1. Can I go to Canada and enter back to USA through land and get a new I 94 ? 2. I know going to mexico I can get new I 94 but even in that is it possible if I drive and re-enter by land ? 3. How many days after my I 94 is expired I can stay in USA ? Thanks. Link to comment
Ganesh1983 Posted March 3, 2015 Report Share Posted March 3, 2015 Hi ketanthakkar27, I am also in same suituation. I need your help on this URGENTLY. Please Please help me. This is my id ungalrganesh@gmail.com . please send ur contact details. Please reply ASAP. Thanks in Advance, Ganesh.R Link to comment
Ganesh1983 Posted March 4, 2015 Report Share Posted March 4, 2015 Hi, I got my new I94 by going to MEXICO and coming back. Thanks. Link to comment
lanuiyer Posted March 16, 2015 Report Share Posted March 16, 2015 Hi , My I94 expires in December 2015 and my H1B visa is valid till June 2017. Is it good enough to exit the country anytime before my I94 expires and then re-enter ? I now have a new passport. Thank you! Link to comment
srinivas_258 Posted August 13, 2015 Report Share Posted August 13, 2015 I have valid visa until 2016 Sep 29th, and my I797 also valid until 2016 September 29. But my I-94 got expired on 2014 October 26th. Due to my passport (1st passport) expire date oct 26th, 2014. CBP officer gave me I 94 until my 1st passport expiration date. As i already crossed 180 days can i go for stamping... mean while i am going to talk my employer attorney... another mistake i did I called CBP to requesting for update they took all my details gave me appointment and after 3 hour other officer called me and tellin i have to leave immidiately... so now am in CBP radar now please guys help me..... some one got visa when ur 180 days less what is about my case ... I am 180+ please help me Link to comment
jairichi Posted August 13, 2015 Report Share Posted August 13, 2015 I have valid visa until 2016 Sep 29th, and my I797 also valid until 2016 September 29. But my I-94 got expired on 2014 October 26th. Due to my passport (1st passport) expire date oct 26th, 2014. CBP officer gave me I 94 until my 1st passport expiration date. As i already crossed 180 days can i go for stamping... mean while i am going to talk my employer attorney... another mistake i did I called CBP to requesting for update they took all my details gave me appointment and after 3 hour other officer called me and tellin i have to leave immidiately... so now am in CBP radar now please guys help me..... some one got visa when ur 180 days less what is about my case ... I am 180+ please help me You are looking at a 3 year ban. Talk to an attorney today. Link to comment
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