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I-94 expired but not Visa

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  • I-94 expired but not Visa

    I am on a H4 visa which expires in Sept 2009.

    My I-94 expired on April 2008 and i realized that just now.
    Its now 153days since the I-94 expired.
    I dont have the old I-94 as i applied for change of status from H4 to F1 which got denied with reason that 1_94 expired.
    So i dont have my I-94.

    What should i do?
    Can i leave the country and come back on a new I-94?
    OR
    Do i have to again apply for a new Visa from India?

    Please help ASAP.
    Every day counts now.
    Last edited by Aarun2000; 09-19-2008, 07:49 AM.

  • #2
    Originally posted by Aarun2000
    I am on a H4 visa which expires in Sept 2009.

    My I-94 expired on April 2008 and i realized that just now.
    Its now 153days since the I-94 expired.

    What should i do?
    Can i leave the country and come back on a new I-94?
    OR
    Do i have to again apply for a new Visa from India?

    Please help ASAP.
    Every day counts now.
    just staple old I-94 with new I-94, you can take new I-94 from CBP office IAD.

    Comment


    • #3
      Originally posted by OMM
      just staple old I-94 with new I-94, you can take new I-94 from CBP office IAD.
      What are you suggesting? I am not sure you understand the severity of the problem of the OP. There is no old/new I-94 here.


      OP,

      You need to go to a good immigration attorney NOW!!!! You have overstayed your period of stay authorized and if you cross 180 days, you will be subjected to a 3 year ban. Stop asking on the forum and go seek professional advise.

      There are three options.

      Why was the I-94 issued for less period than your visa? If it was a CBP error, you could *TRY* going to the nearest CBP office and ask them to change the I-94 date to your visa expiration date. I am assuming your husband is still in H1 status. However, consult an attorney before you do this as this is very risky. Technically you are illegal in the country and CBP could detail you and deport you if they want to.

      Nun Tunc Pro (Less likely to be approved in your case, more risky)

      Leave and come back making it clear on DS156 and explaining to VO what happened. Get a new stamp. (Risky but possible as you have no go but to leave immediately)

      Good luck!
      Last edited by txh1b; 09-19-2008, 09:28 AM.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment

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