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Need Help! I94 validity same as Passsport expiry date.

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  • Need Help! I94 validity same as Passsport expiry date.

    Hi

    I am staying on H1B Visa and passport expires in August 2013.The Visa consular at Port of entry has issued me the I94 validity until the date of my passport expiry.However i have the I797 valid up till August 2014.

    My I94 valid upto August, 2013 (Same as passport expiry date )
    Petition valid upto August, 2014

    My question are as follows:

    1) what do i need to do to get the I94 extended after my passport is renewed?
    2) I am going back to India for 2 weeks in Auguest 2012..So is it a good idea to get passport renewed in India consulate in US first and then go to India ?

  • #2
    1. If you renew your passport in US without or with making any international travel before your I94 validity expires, then you have to apply for "Extension of Stay" with USCIS along with renewed passport.

    2. It seems, you are planning to make international travel before your I94 expires. so get your passport renewal in India using Tatkal process. during your Re-entry into US, you will get New I94 so you can eliminate Extension of stay process with USCIS.

    Thanks
    Sridhar

    Comment


    • #3
      Need Help! I94 validity same as Passsport expiry date.

      Thanks for the reply Sridhar!

      I am still confused here... So if i get my passport renewed in US and go back to India for 2 weeks or so ..Wont i get a new I94 issued (with date as in I797) again when i reenter US ?


      Regards!
      Raj

      Comment


      • #4
        You have two options to get an I-94 to match your petition expiry.
        1. Your employer can file an extension within 6 months of I-94 expiry.
        2. You can travel outside the US and return with new passport, existing Visa and petition approval notice and your new I-94 will be according to the petition expiry. Travel outside can be to Canada/Mexico or any other country.
        This is my opinion and not legal advice.

        Comment


        • #5
          I-94 update

          Hi,

          I am on F1 visa and on my OPT ext . My EAD is till Dec 2012 . When I was reentering US in March 2012 , I was told by the Immigration Officer that my I-94 will be valid till my passport . My passport was going to expire in Oct 2012. So he told me that even though my EAD is till Dec 2012 my I-94 will be valid on till the time my passport is i.e till Oct 2012.
          So before my passport expires i need to get it renewed and than contact the Deferred site CBP office and get my I-94 updated or leave US and then reenter.

          On my I-94,the officer has put the stamp and written F1 and below that D/S

          I got my passport renewed and when I called the CBP office to make an appointment they asked me the reason. When I told them they looked up their records and said that there is no need to update your I-94 as long has you have D/S written on your I-94 and you have got your passport renewed.

          So I'm confused , the CBP is saying everything is alright and you need not do anything . Should I contact USCIS and ask them to update my I-94.

          I would appreciate your hep and advice in this regards.

          Thanks

          Comment


          • #6
            Originally posted by samm View Post
            Hi,

            I am on F1 visa and on my OPT ext . My EAD is till Dec 2012 . When I was reentering US in March 2012 , I was told by the Immigration Officer that my I-94 will be valid till my passport . My passport was going to expire in Oct 2012. So he told me that even though my EAD is till Dec 2012 my I-94 will be valid on till the time my passport is i.e till Oct 2012.
            So before my passport expires i need to get it renewed and than contact the Deferred site CBP office and get my I-94 updated or leave US and then reenter.

            On my I-94,the officer has put the stamp and written F1 and below that D/S

            I got my passport renewed and when I called the CBP office to make an appointment they asked me the reason. When I told them they looked up their records and said that there is no need to update your I-94 as long has you have D/S written on your I-94 and you have got your passport renewed.

            So I'm confused , the CBP is saying everything is alright and you need not do anything . Should I contact USCIS and ask them to update my I-94.

            I would appreciate your hep and advice in this regards.

            Thanks
            Hello,

            What did you do? I am on H1-B visa and in the similar situation.

            Thanks in advance!

            Comment

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