I 94 overstay 146 days

[MINDOUBT]

Hi

 

 I recently find out that my I 94 is expired with passport expiry ( 10-Mar 2015).

I-797 and visa stamp on passport is valid till ( 31-Dec 2015).

I have discussed my case with company attorney and he suggested since it is less that 180 days I can go out of country and come back and get new I 94.

Based on suggestion, I traveled to India and planning my trip back to United States.

Somewhere in forum I read that my H1B stamp becomes invalid if I overstayed my I-94. I have discussed with attorney and He said that should be an issue at POE since you have valid I 797. 

Would you please give me your input and would this create issue later on with I 485 filing?

 

Thanks,

 

 

[JoeF]

Per law, the visa becomes invalid automatically if the person overstays.

Having an I-797 does not change that.

[Connendrum]

Hi MINDOUBT

what was your resolution? Did you travel outside US ? 

I am in a similar situation, i have overstayed on my I-94 by 158 days. My H1 is valid till oct 2016.

 

thanks.  

[JoeF]

Hi MINDOUBT

what was your resolution? Did you travel outside US ? 

I am in a similar situation, i have overstayed on my I-94 by 158 days. My H1 is valid till oct 2016.

 

thanks.  

 

You need to talk with a lawyer ASAP!

If you overstay more than 180 days, you would get a 3-year ban!

[vanzlombard]

I was in a similar situation. I went to POE in my case it was OHare Airport Chicago. Met with Customs and Border protection officer. At first she did not trust me but I gave her good explanation. Such as it was an honest mistake. She spoke with her superior officer and gave me a new I94 with a hand written I94 number and new date.

 

Try this is you have not tried. If one officer says no, than wait and see different officer.

 

Best of luck!!!