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I94 overstay due to CBP error and H1b Visa Stamp Interview

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  • I94 overstay due to CBP error and H1b Visa Stamp Interview

    I have an approved I797 with valid dates specified from 09/07/2016 - 09/06/2019.
    I went to Canada to get my H1B visa stamping in 2016 after I got the above approved I797 and got a one year visa stamp.

    My I94 says that I have an Admit until date 09/06/2017. The CBP office here made the error that instead of putting the Petition expiry date or the passport expiry date(in my case passport expiry date comes first - 01/13/2019) he put in the visa expiry date.

    Now i already traveled to India on 04/06/18 as I was to go for my H1B visa interview for the same above petition. I noticed this discrepancy before going and have cancelled my interview.

    Now the issue that I am facing is does the past admit until date on my I94 put me as overstay for the duration of greater than 180 days that I was in US past that date even though I had an approved I797? Does this cause any issues with my Visa stamping process here in Mumbai?

    Is it possible to get the I94 Admit Until date corrected now either by the email system at Deferred Inspection Sites or having an attorney present this at the CBP office even though I have left the country? Have I already triggered the 3 year ban?
    Last edited by jainshardul; 04-08-2018, 08:38 PM.

  • #2
    Bump

    Please help.

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    • #3
      Best of luck resolving your issue. It sounds like if you can get your I-94 "corrected" retroactively, you'll avoid the risk that the consulate will impose the grounds of inadmissibility relating to excess unlawful presence. That said, you're obligated to abide by your I-94, so you're entirely responsible for your overstay. So, please have reasonable expectations as to how this situation will be resolved

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      • #4
        Originally posted by jainshardul View Post
        I have an approved I797 with valid dates specified from 09/07/2016 - 09/06/2019.
        I went to Canada to get my H1B visa stamping in 2016 after I got the above approved I797 and got a one year visa stamp.

        My I94 says that I have an Admit until date 09/06/2017. The CBP office here made the error that instead of putting the Petition expiry date or the passport expiry date(in my case passport expiry date comes first - 01/13/2019) he put in the visa expiry date.

        Now i already traveled to India on 04/06/18 as I was to go for my H1B visa interview for the same above petition. I noticed this discrepancy before going and have cancelled my interview.

        Now the issue that I am facing is does the past admit until date on my I94 put me as overstay for the duration of greater than 180 days that I was in US past that date even though I had an approved I797? Does this cause any issues with my Visa stamping process here in Mumbai?

        Is it possible to get the I94 Admit Until date corrected now either by the email system at Deferred Inspection Sites or having an attorney present this at the CBP office even though I have left the country? Have I already triggered the 3 year ban?
        Any updates on this ? Hope your issue is resolved. My wife had the same issue. CBP office entered incorrect 'admitted till date' and her I-94 is now expired. She is already in India with our 6 month old U.S. citizen child. I have emailed the CBP deferred inspection office for the I-94 correction. Waiting on a response.

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