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I-94 expiring and passport being sent for renewal

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  • I-94 expiring and passport being sent for renewal

    Hi Guys,

    I am need of your help/advice:

    I live in Seattle, My I-94 is expiring soon(2/10/2017) and is set to the expiry of my current passport.
    However my I-797 is valid till next year(2/7 2018 ).Does this mean I will be out of status
    and illegally residing in the US? What would be my course of action to get this resolved.

    Greatly appreciate your help here
    Last edited by ththomas; 01-10-2017, 08:05 PM.

  • #2
    Yes, you will be out of status and also accruing unlawful presence starting tomorrow.

    Your employer can file I-129 to extend your status (which seems unlikely to make it in time), or you can leave the US today and re-enter when you have your new passport.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Yes, you will be out of status and also accruing unlawful presence starting tomorrow.

      Your employer can file I-129 to extend your status (which seems unlikely to make it in time), or you can leave the US today and re-enter when you have your new passport.
      My bad I updated the dates...you had me scared for a minute

      Comment


      • #4
        Originally posted by ththomas View Post
        My bad I updated the dates...you had me scared for a minute
        Apply passport in tatkaal and once passport is renewed ask employer to file I94 extension using i129. If not filed before I94 expiry, you would go out of status.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Apply passport in tatkaal and once passport is renewed ask employer to file I94 extension using i129. If not filed before I94 expiry, you would go out of status.

          This is my opinion not legal advice.
          Thanks, I had read some threads where they said that once we receive the passport we should be able to take a trip across the border(Canada or Mexico) they could correct this
          without much of an issue.I'm not sure if anyone has had any experience with this.

          Comment


          • #6
            Originally posted by ththomas View Post
            Thanks, I had read some threads where they said that once we receive the passport we should be able to take a trip across the border(Canada or Mexico) they could correct this
            without much of an issue.I'm not sure if anyone has had any experience with this.
            Yes, of course. If you leave and re-enter that will solve the problem as they will admit you based on the petition expiration and the new passport's expiration won't be a limiting factor.

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Out of status if I 94 is expired

              Yes, if I 94 is expired you will be out of status. I am also in the same situation only difference is my I 94 is expiring on Feb 11, 2017.
              So I am planning to goto Mexico border with renewed passport for I94 extension. ..

              Comment


              • #8
                Any recent experience?

                Anyone have done this (Extend I94 by re entering in USA) recently?
                Also do you need any visa to enter in Mexico?

                Between I did Called CBP deferred office in SFO and CBP officer advised me to exit and enter in USA or to file I-129.

                Comment

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