Help---- i94 overstay on h1b

[ramaa]

Hello forum members ,

I need advise regarding i 94 overstay ..
I got my h1b stamped in chennai consulate this march 2013...When i entered US in march 2013 , my passport expiration date was october 2015 ,so my i 94 was stamped as october 15 ,2013 rather than for march 2016 as per my visa,I applied for a new passport 2 months back and received it a week back.I din't notice my i 94 date till 2 days back.I know that my stay since october 15 will be considered illegal.I talked to an attorney and she said i should go to canada /mexico and reenter again.Can anybody here advise me about any other options.will the cbp officer allow entry at the POE for persons with i 94 overstay.Has any body heard of cases like that?
What about i contact USCIS and take a deferred inspection appointment?Are they going to deport me?
And how long does the canadian visa processing take since i'm already on overstay, i don't want to delay more.Is it true that we wont get a new i94 if we stay for less than 30 days?
Any advice would be appreciated.

Thanks.

[raghvi]

Hello forum members ,

I need advise regarding i 94 overstay ..
I got my h1b stamped in chennai consulate this march 2013...When i entered US in march 2013 , my passport expiration date was october 2015 ,so my i 94 was stamped as october 15 ,2013 rather than for march 2016 as per my visa,I applied for a new passport 2 months back and received it a week back.I din't notice my i 94 date till 2 days back.I know that my stay since october 15 will be considered illegal.I talked to an attorney and she said i should go to canada /mexico and reenter again.Can anybody here advise me about any other options.will the cbp officer allow entry at the POE for persons with i 94 overstay.Has any body heard of cases like that?
What about i contact USCIS and take a deferred inspection appointment?Are they going to deport me?
And how long does the canadian visa processing take since i'm already on overstay, i don't want to delay more.Is it true that we wont get a new i94 if we stay for less than 30 days?
Any advice would be appreciated.

Thanks.

Well plainly speaking , you are currently an illegal. One should not be so careless with ones status and I-94 and periodically review the same. What your lawyer is recommending is the right thing to do. If you go to a CBP port you can technically be deported for staying illegally. If they are lenient they may grant you an I-94.

This is my opinion not legal advice.

[raks84]

In a similar situation

Hi Rama,

Can you please let me know how did you manage this situation? You can connect me @ er.rahulka at gmail dot com if needed.

Thanks,
Rahul