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I-94 Expired and Visa stamping on Passport expired, But I-797 is valid

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  • #16
    Need help with CBP Cincinatti

    Hi,
    Can you please let me know the contact details, email and process for CBP Cincinatti to get I-94 extended
    Originally posted by Upasna Wilson Khokhar View Post
    We had lot of problem all together

    Problem no. 1) I-94 was looking out of status
    Problem no. 2) visa stamping expired
    Problem no. 3) Passport was soon to expire in 5 months
    Problem no. 4) Canadian visa was also expired
    Problem no. 5) For traveling back to India we could not take UK countries as stopover

    My husband had same issue recently, he had a visa stamp of previous employer and while coming back to US, he somehow missed to show his new petition.
    While filing I-140 he realised he was out of status, soon we asked attorney for an advice. He asked us to either contact customs or go back for stamping, As my husband passport was expiring in 6 months, the first thing we would do after going india was to reissue passport. It was another pain. It would take ages.
    Before going to India we wanted to try our luck here, We live in Columbus Ohio, so we went to POE customs of Columbus, But the officers completely denied the request, they were rude and did not listen anything, so we tried to call Cincinnati Deferred site Custom and border protection, they gave us an email id and asked us to send us our complete query, we did it and they corrected it in 3 days.
    We are so thankful to the Cinci CBP site to take us out of this mess.

    Comment


    • #17
      I-94 Expired, I-797 Valid, H1B VISA stamp Expired

      I am in this particular situation:

      Old Company A:
      Old Passport with H1B Visa valid till 06/30/2016, I-94 valid till 06/30/2016.
      Passport Expired while in US on 10/30/2014. New Passport does not have the H1B Visa stamp.

      New Company B:
      H1B Visa transferred on 12/01/2015.
      I-94 still shows 06/30/2016 expiry date.
      Travelled out of country for work (not to India) on 12/15/2015, returned 12/31/2015.
      POE did not check the new I-797, allowed entry on the old passport with old petitioner. I-94 still showed 06/30/2016 as expiry date.

      Status today: H1B Stamp on the Old Passport Expired, I-94 Expired, New Passport does not have the H1B Stamp, I-797 is valid till end of 2018.

      Am I out of status?

      I know that there are centers in many cities to correct the I-94 expiry date to reflect the i-797 date... Does anyone know what documents they need to prove that I am legally here in US - Letter from Company, Pay slips, local address proof, etc? Is there a particular form that I need to fill up to request the correction?

      Thanks, appreciate your help.

      Comment


      • #18
        Originally posted by Upasna Wilson Khokhar View Post
        We had lot of problem all together

        Problem no. 1) I-94 was looking out of status
        Problem no. 2) visa stamping expired
        Problem no. 3) Passport was soon to expire in 5 months
        Problem no. 4) Canadian visa was also expired
        Problem no. 5) For traveling back to India we could not take UK countries as stopover

        My husband had same issue recently, he had a visa stamp of previous employer and while coming back to US, he somehow missed to show his new petition.
        While filing I-140 he realised he was out of status, soon we asked attorney for an advice. He asked us to either contact customs or go back for stamping, As my husband passport was expiring in 6 months, the first thing we would do after going india was to reissue passport. It was another pain. It would take ages.
        Before going to India we wanted to try our luck here, We live in Columbus Ohio, so we went to POE customs of Columbus, But the officers completely denied the request, they were rude and did not listen anything, so we tried to call Cincinnati Deferred site Custom and border protection, they gave us an email id and asked us to send us our complete query, we did it and they corrected it in 3 days.
        We are so thankful to the Cinci CBP site to take us out of this mess.
        Hi Upasna,

        Can you please tell me how many days after you have noticed the i-94 expiry. I am in the similar situation where my i-94 is expired in july 2015. I just realized the dates. Can you please advise if I need to talk to attorney as it is close to an year or can i go ahead and contact CBP?

        Comment


        • #19
          Hi Vinit,

          Can you please tell me how you have resolved this? I am in the same boat and however my i-94 is expired almost an year back and just realized today that i-94 need to be updated.

          Originally posted by Vinit1983 View Post
          Hi Guys

          I am currently seeking help to reinstate my dependent (Wife and Daughter) I-94 status.

          Let me explain the situation in detail

          First time I was enter in US on H1B visa sponsored by Employer A in November 2013 and later my dependent enter on H4 VISA sponsored by Employer A after 5 Month in April 2014. Since then I was working with Employer A till December 2014 and then I switch my employer B in December 2014. Employer B transferred my H1B VISA along with my dependent H4 VISA. I am still working with Employer B but on my passport and my dependent passport still have the Employer A sponsored VISA stamp which was valid till September 2015 which is expired now but we all have the approved I-797 document which is valid till November 2016. Last year my dependents visited India due to some urgent Parental Medical condition in April 2015 and came back in June 2015 by that time Employer A Visa stamp was Valid on my dependent passport and CBP office allowed them to enter based on the VISA stamp status on the password but unfortunately he did not ask new I-797 document at port of entry or I would say my wife carrying new I-797 document but forget to preset document to CBP office during US entry. CBP office give her I-94 based on the Passport Visa stamp stats which was valid September 2015. We were under the assumption that as long as we have approved valid I-797 document me and my family will be in legal status. Now we realize that my both dependents are currently out of status for approx. 9 months.

          Could you please help me to suggest the way forward to address this issue and come out the current situation and suggest me what all the possible way to address this issue?

          Appreciate your timely help on this issue.

          Comment


          • #20
            i-94 expired with valid i-797

            Hi,

            I have the similar situation where i-94 was expired in july 2015 and realized now after checking cbp.gov. Can someone please advise how to correct the situation? Do I need to contact attorney or can i go directly to CBP to resolve the issue?

            Comment


            • #21
              I-797A approved with new I94. But visa stamp expired. Is it mandatory to leave US?

              Hi,

              my employer filed for my I-140 which got approved. My attorney filed for the extension for H1B. My current H1B visa which is CAP exempt will expire in March 2017. I already got my approval for I-797A with a new I -94 from March 2017 to March 2020. The attorney is asking me to leave the country before March 2017 to get the visa stamp on my passport. Last I visited India was in December 2013. From then my H1b was first extended to March 2017 and then from March 2017 to March 2020. But the current extension is after the I-140 approval. Is it mandatory for me to travel and get the visa stamping done? Or can I continue to work with my I-797A approval and new I-94. Please let me know.

              Thanks.

              Comment


              • #22
                Originally posted by kandakavaram View Post
                Hi Vinit,

                Can you please tell me how you have resolved this? I am in the same boat and however my i-94 is expired almost an year back and just realized today that i-94 need to be updated.


                HI kandakavaram/Vinit,

                Can you please tell me how you have resolved this? Even my case is also similar.

                Thanks

                Comment


                • #23
                  Originally posted by ArjunBakshi1980 View Post
                  I am in this particular situation:

                  Old Company A:
                  Old Passport with H1B Visa valid till 06/30/2016, I-94 valid till 06/30/2016.
                  Passport Expired while in US on 10/30/2014. New Passport does not have the H1B Visa stamp.

                  New Company B:
                  H1B Visa transferred on 12/01/2015.
                  I-94 still shows 06/30/2016 expiry date.
                  Travelled out of country for work (not to India) on 12/15/2015, returned 12/31/2015.
                  POE did not check the new I-797, allowed entry on the old passport with old petitioner. I-94 still showed 06/30/2016 as expiry date.

                  Status today: H1B Stamp on the Old Passport Expired, I-94 Expired, New Passport does not have the H1B Stamp, I-797 is valid till end of 2018.

                  Am I out of status?

                  I know that there are centers in many cities to correct the I-94 expiry date to reflect the i-797 date... Does anyone know what documents they need to prove that I am legally here in US - Letter from Company, Pay slips, local address proof, etc? Is there a particular form that I need to fill up to request the correction?

                  Thanks, appreciate your help.



                  HI Arjun,
                  Can you please tell me how you have resolved this? I am also in same situation now. my H1B Stamp on the Old Passport will expire Aug 2017, I-94 will expire Aug 2017, New Passport does not have the H1B Stamp, I-797 is valid till end of May,2018

                  Comment


                  • #24
                    Originally posted by sandeep0544 View Post
                    HI Arjun,
                    Can you please tell me how you have resolved this? I am also in same situation now. my H1B Stamp on the Old Passport will expire Aug 2017, I-94 will expire Aug 2017, New Passport does not have the H1B Stamp, I-797 is valid till end of May,2018
                    Whats the I-94 expiry on the I797? Check the lower part of your I797 if there is no I-94 stub then you need to leave US before your current I-94 expiry.

                    This is my opinion not legal advice.

                    Comment


                    • #25
                      Originally posted by siva_0805 View Post
                      No Issue If your I797 is valid.. But go to POE or Deferred Inspection Station, get the new I94 by explaining the situation..Very Simple if you have valid I797..

                      In My Case, My I94 date was with my old visa stamped on password. After 12 days of I94 expiry only , i checked it and went to Deferred Inspection Station at Los Angeles and got my new I94 valid extended as per my I797 valid date..

                      Instead of going to POE,, Better plan for Deferred Inspection Station which i feel it will be easily to get ..
                      Thanks a lot Siva, I call Deferred Inspection Officer and sent my documents through email, He updated my I-94 by next day. It's very simple process.

                      Comment

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