H4 - i94 Expired

[subhastat]

Hi All,

My wife came to USA on Feb 2015 after her vacation in India using my previous employer visa which was valid till May 2015, unknowingly at port of entry she only produced the passport and not her latest i-797 (from my current employer) which is valid till 2017.

Now her visa from my previous employer & i94 was expired on May 2015 , unfortunately we ddin't notice that she was in out of status for nearly 10 month now.

We have visited CBP office to correct the i94 to reflect the date based on her latest i797 , but officer has refused to correct it & said its not their fault that my wife didn't produce latest i797 at the port of entry. Instead they suggested to go Mexico to get re-stamped or file i539 extension.

We have applied for i539 2 months ago & still waiting , Kindly advice me on my below questions.

1. Can we make an attempt to some other CBP office again to get i94 corrected?
2. What's chances for getting visa stamped in India based on the i797 which is valid till 2017 ?
3. It looks like there is a 3 year bar of re-entering USA as we are currently 180 crossed , is that strictly followed or random picks ?

Please Advice.

[raghvi]

Hi All,

My wife came to USA on Feb 2015 after her vacation in India using my previous employer visa which was valid till May 2015, unknowingly at port of entry she only produced the passport and not her latest i-797 (from my current employer) which is valid till 2017.

Now her visa from my previous employer & i94 was expired on May 2015 , unfortunately we ddin't notice that she was in out of status for nearly 10 month now.

We have visited CBP office to correct the i94 to reflect the date based on her latest i797 , but officer has refused to correct it & said its not their fault that my wife didn't produce latest i797 at the port of entry. Instead they suggested to go Mexico to get re-stamped or file i539 extension.

We have applied for i539 2 months ago & still waiting , Kindly advice me on my below questions.

1. Can we make an attempt to some other CBP office again to get i94 corrected?
2. What's chances for getting visa stamped in India based on the i797 which is valid till 2017 ?
3. It looks like there is a 3 year bar of re-entering USA as we are currently 180 crossed , is that strictly followed or random picks ?

Please Advice.

While in US it is very important to keep monitoring ones passport/I797/I-94 dates.

1. You can but doubt they would do so as its been over 10 Months now.
2. Cant comment on the chances, it depends how the officer will look at the overstay period, which would have to be declared in the DS-160.You can try after filing the nunc pro tunc.
3. I would advise talking to a good attorney and have extension applied as nunc pro tunc.

This is my opinion not legal advice.

[subhastat]

Thanks Raghvi,

As per CBP officer advice , we have reapplied i539 2 months ago but it seems it will take another 4 to 5 months. By the time my wife's out of status will be more than 1 year.
What will be the best option to chose ?
Going back to India before crossing 1 year and getting it done (wondering about 3 years bar) or can we wait till i539 result (Not sure whether it will be approve or deny )

Please suggest.

[raghvi]

Thanks Raghvi,

As per CBP officer advice , we have reapplied i539 2 months ago but it seems it will take another 4 to 5 months. By the time my wife's out of status will be more than 1 year.
What will be the best option to chose ?
Going back to India before crossing 1 year and getting it done (wondering about 3 years bar) or can we wait till i539 result (Not sure whether it will be approve or deny )

Please suggest.

Have you spoken to a lawyer yet? I would strongly suggest you do and do as per his/her recommendation.

This is my opinion not legal advice.

[subhastat]

Have you spoken to a lawyer yet? I would strongly suggest you do and do as per his/her recommendation.

This is my opinion not legal advice.

Yes Raghvi, We spoked to lawyer and his advice is going back to india and get it stamped.

[raghvi]

Yes Raghvi, We spoked to lawyer and his advice is going back to india and get it stamped.

I agree.

This is my opinion not legal advice.