Do i need a new i94?

[depakjan]

My Visa expires on July 31 2013 , During my Visa extension process i had to travel to india for my marriage and i returned with my visa itself, so i got a i 94 with 31 July 2013 date.

Now my extension had got approved during my stay in india and i have my petition i797 A with i94 till 2016 date.

Question is, this extension was approved(on May 22) before my re-entry to US(Jun 8 2013) , so which i94 is valid here?, do i need to get a new i94 ?

Since my petition i94 is older than my new i94, i am confused if i will have any issues, please help.

[raghvi]

My Visa expires on July 31 2013 , During my Visa extension process i had to travel to india for my marriage and i returned with my visa itself, so i got a i 94 with 31 July 2013 date.

Now my extension had got approved during my stay in india and i have my petition i797 A with i94 till 2016 date.

Question is, this extension was approved(on May 22) before my re-entry to US(Jun 8 2013) , so which i94 is valid here?, do i need to get a new i94 ?

Since my petition i94 is older than my new i94, i am confused if i will have any issues, please help.

Technically an extension is considered abandoned if one leaves US before the decision. So, your I-94 which you got upon your return i.e. with 31st July 2013 date is the valid one. So, Yes, you would need a new I-94 and should file an extension request ASAP as you have less than a week remaining on I-94 expiry.

This is my opinion not legal advice.

[depakjan]

How do i get my new i 94 extension, please help on that aspect as well.

[raghvi]

By Filing I539 Form. Since it involves H1 you will have to file I129 too. Do check with your company lawyer.

This is my opinion not legal advice.

[depakjan]

Thanks a lot, As per

USCIS website:
Contact Customs and Border Protection (CBP): Correct your Form I-94, Arrival-Departure Record, issued when you entered the United States If the error in your immigration document occurred upon entering the United States, you must visit a local CBP Deferred Inspection Site or a Port of Entry or Admission to have it corrected. For a list of Deferred Inspection Sites or Ports, please visit the CBP website (www.cbp.gov) and click on the “Ports” link at the bottom of the page. (Please note if USCIS issued your Form I-94, you should contact USCIS to correct that particular record.)


it says i have to contact Ports since my current valid i94 was issued by a port and not the i94 on my petition, is this correct?

[kabkaba]

Visit the deferred inspection site and show them this USCIS website printout. If they don't correct it, be prepared to leave the US and return. It is already too late for filing petition amendment to extend your status from within the US. Consult an experienced lawyer asap.

[depakjan]

Guys,

I called local immigration office, they said your petition i94 supercedes everything , can i just proceed with my petition i94 then or do i need to take any other action. thanks.

Also i checked my petition status

its still in approved status

On May 14, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.

if my petition is considered abandoned as you guys said , it would have been updated here right?

Thanks all the help guys.

[raghvi]

Guys,

I called local immigration office, they said your petition i94 supercedes everything , can i just proceed with my petition i94 then or do i need to take any other action. thanks.

Also i checked my petition status

its still in approved status

On May 14, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.

if my petition is considered abandoned as you guys said , it would have been updated here right?

Thanks all the help guys.

I wouldnt trust the online status. And unless you get something in written from USCIS/Immigration office I wouldnt take their word for it.

This is my opinion not legal advice.