I 94 expired

[SDA]

My I 94 expiration date was Sept 6 2014 which is the expiration date on my stamped H1B visa. I have been out of status for 5 days now.
My company filed for an H1B extension and got an approved 797 up to OCt 27 2014. However I travelled to India after the extension and at the CBP I was not asked any documents and they gave sept 6th on my I 94. I was under the assumption that 797 approval is the primary document which of course is not true. I have send relevant documents to my nearby CBP requesting correction of my I 94 date. My company has given me "few days" to resolve my issue. Is filing a nunc pro tunc is the only option from my company's side to resolve this (If USCIS approves)? I know being out of status for even for one day is not acceptable, but given the fact it's been only 5 days can be of help in anyway?

SDA

[raghvi]

My I 94 expiration date was Sept 6 2014 which is the expiration date on my stamped H1B visa. I have been out of status for 5 days now.
My company filed for an H1B extension and got an approved 797 up to OCt 27 2014. However I travelled to India after the extension and at the CBP I was not asked any documents and they gave sept 6th on my I 94. I was under the assumption that 797 approval is the primary document which of course is not true. I have send relevant documents to my nearby CBP requesting correction of my I 94 date. My company has given me "few days" to resolve my issue. Is filing a nunc pro tunc is the only option from my company's side to resolve this (If USCIS approves)? I know being out of status for even for one day is not acceptable, but given the fact it's been only 5 days can be of help in anyway?

SDA

When did you travel into US? CBP would most likely not entertain a I-94 extension beyond Visa expiry. nunc pro tunc may or may not work in your case especially with your new I797 expiring within another 1.5 Months but worth a try, file it in premium.

This is my opinion not legal advice.

[SDA]

When did you travel into US? CBP would most likely not entertain a I-94 extension beyond Visa expiry. nunc pro tunc may or may not work in your case especially with your new I797 expiring within another 1.5 Months but worth a try, file it in premium.

This is my opinion not legal advice.

I travelled in Nov 2013 for 3 weeks. My company is in the processing of filing for my GC so everything is on stop now including my employment. Nunc pro tunc is the only hope for me
Thanks for your response

[raghvi]

When you traveled in Nov 2013 why did you wait till Sep 2014 ? You should have pushed your employer to file extension before I-94 expiry and avoided this mess.

This is my opinion not legal advice.

[SDA]

When you traveled in Nov 2013 why did you wait till Sep 2014 ? You should have pushed your employer to file extension before I-94 expiry and avoided this mess.

This is my opinion not legal advice.

Update: I got my I-94 date corrected to my I-797 approval date by CBP. I didn't even go to the office. I called them on the phone and they told me to send them the relevant documents. My I-94 expired on sept 6, I sent the documents on sept 11 and I got the corrected I 94 online on Sept 16.

My advice is always always check your recent I 94 and make sure it's date matches to your latest 797 approval if you are on H1B. My company said that they will not be doing a NPT petition for me because its only 50% successful. So correction by CBP was my only option to continue my employment. Don't panic if you are in this situation. I consulted a good immigration lawyer and he send me USCIS memo saying that CBP cannot limit the I-94 expiration date based on the expiration date of the visa. Contact your nearest CBP office ASAP. If you have a valid reason and supporting documents they should correct it for you. Keep faith!!!

[SDA]

When you traveled in Nov 2013 why did you wait till Sep 2014 ? You should have pushed your employer to file extension before I-94 expiry and avoided this mess.

This is my opinion not legal advice.

Update: I got my I-94 date corrected to my I-797 approval date by CBP. I didn't even go to the office. I called them on the phone and they told me to send them the relevant documents. My I-94 expired on sept 6, I sent the documents on sept 11 and I got the corrected I 94 online on Sept 16.

My advice is always always check your recent I 94 and make sure it's date matches to your latest 797 approval if you are on H1B. My company said that they will not be doing a NPT petition for me because its only 50% successful. So correction by CBP was my only option to continue my employment. Don't panic if you are in this situation. I consulted a good immigration lawyer and he send me USCIS memo saying that CBP cannot limit the I-94 expiration date based on the expiration date of the visa. Contact your nearest CBP office ASAP. If you have a valid reason and supporting documents they should correct it for you. Keep faith!!!

[raghvi]

Congrats!!!