I-94 qn - urgent

[impdocs]

Hi,

I went to india on OCT 10, 2008 and came back on NOV 9, 2008. My h1b was expiring on DEC 29, 2008. So the immigration gave me the I 94 upto DEC 29, 2008 (Today).

But my employer filed for my h1b extension couple of months back and got my h1b extended upto 2011, which was approved on OCT 3, 2008. But we got the original I-797 to my employer's office only on October 10, 2008. So I didn't had the extended I-797 with me, while I was entering into US on Nov 9, 2008.

I just came to know that, since I entered US after the approval of my H1B extension, I need to have my I-94 extended. But I-94 on my passport expires today.

What are the options available for me?

My employer is suggesting me to go to Canada / Mexico and get the visa stamping done and come back with the new I-94. Would there be any problems while re-stamping, since I am out of status from tomorrow onwards? Is there a grace period for I-94? Please let me know.

Thanks in advance...

[txh1b]

You are in a BIG trouble. You take the newly approved I797 to the airport and visit a CBP office immediately right now. You will be lucky if they change the date on the I-94 based on the newly approved I797. Otherwise, you will become out of status starting tomorrow. You can travel, get a visa and return to get a new I-94. You will be illegal and cannot work starting tomorrow. Even to go to Canada and get a visa, you will accumulate illegal stay for 1-2 months before you get the visa appointment. That could lead to visa rejection and many more problems.

Go to the nearest international airport with all your documents immediately. CBP deferred adjudication office can only change the I-94 date based on the latest approval I797. If you get denied, politely ask to speadk to a supervisor. Usually, they change if it is their mistake. In your case, the mistake is clearly yours as you should have presented your latest approval notice at POE while entering.

[impdocs]

Thanks for the reply.

I just checked the CBP (Las Vegas) web site and they are already closed for today. Do you think I can go there tomorrow early morning, though my I-94 is already expired (today)? Would it create more problems? Thanks.

[impdocs]

I - 94 expiring today - urgent - plz help

Hi TXH1B,

Thanks for the reply.

I just checked the CBP (Las Vegas) web site and they are already closed for today. Do you think I can go there tomorrow early morning, though my I-94 is already expired (today)? Would it create more problems? Thanks.

Revin

[txh1b]

You would technically be illegal tomorrow. CBP will never be closed at the airport. They are open 24/7. You need to go to the airport CBP deferred adjudication office.

[mayureshs]

What can one do to avoid such a situation ? Any input ? Does everyone has to go to Airport if I94 gets expired before renewed I797 ?

[txh1b]

What can one do to avoid such a situation ? Any input ? Does everyone has to go to Airport if I94 gets expired before renewed I797 ?

Already mentioned. The user should always present the new I797 at POE to avoid it. It is the user's fault.

[impdocs]

Thanks for the info TXH1B. I am doing to the CBP office right now.

I have another question for you. Does it help me anyway, having me filed my I-485 an year ago? Thanks in advance.

[impdocs]

I just went to the Las Vegas CBP office and they were closed at 10 PM. Will go there tomorrow morning at 8 AM again. Thanks.

[txh1b]

I am amazed. Doesn't LAS have any overnight flights? CBP is never closed where I live. Take your 485 receipt. You are a parolee and need EAD to work if the I-94 remains. Your family can only return as parolees. Better get the H1b reinstated as there are many issues to deal with. At least, you are not illegal.

[impdocs]

I just went to the Las Vegas CBP office today morning and the CBP officer was kind enough to give me a new I-94 with expiry date of Jan 07, 2011 (10 days after the expiry date of my latest I-797).

She said she will enter the info into the computer system in another 10 minutes & stapled the teared portion from I-797 to my new I-94.

Thanks TXH1B for all your help.

Do I need to do anything else from my side?

I have my visa interview scheduled at Tijuana on Jan 5, 2009 (I scheduled it yday). I hope everything should be fine. Please advice, if I need to take care of anything else. Thanks again.

[txh1b]

Glad it all worked out fine. You are all set. Post the details of what you explained to CBP for the benefit of other forum members and future use of people in similar situation as yours.

[impdocs]

I just showed her my latest I-797 and told her that the date on I-94 is not as per the date on I-797. She didn't ask me anything and gave me a new I-94 form to fill and told her assistant to do the needful. She printed the date on I-94 and stapled it on my passport. She said she will enter the details in to the computer system tomorrow. Please let me know if anybody wants to know more details abt it. Thanks guys!

Did anybody go to visa stamping at Tijuana recently. That is my next task :-) Lots of work for immigration :-) Please let me know.

[txh1b]

Not recently but it has been a while since I had been there. Nice place!

[impdocs]

One of my friend told that, Indians can not do the stamping at Mexico anymore and the only option is Canada now. Is that true? Thanks.