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I-94 expired but I797 still good

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  • I-94 expired but I797 still good

    Hi all,
    I need help with my I-94 issue. I am going to apply for my H1-B extension in couple of weeks. I have just noticed an error with my I-94. My I797 is good until Nov 12, 2009 (from Feb 2007 till Nov 12th 2009). I have applied for a new passport in April 2009 and received new one in couple of weeks. Then I was comparing both old and new passports and noticed that white I-94 in old passport was good only until June 11, 2008 which the expiry date of that old passport.
    past story...I went on Nogales in March 2007 after receiving H-1B approval and got my visa stamped in Mexico with a new I-94 attached to it at the border petrol of Nogales. And I went to India in April 2007 and got a new I-94 card at LAX POE. That says Jun 11, 2008 because my old passport was expiring on that date. I did not check it then, and applied for new passport in April 2009, good 10 months after the expiry of old passport. I know that was very lazy on my part.

    Long story short, I emailed my lawyer yesterday asking what I-94 date (November 12, 2009 or June 12th, 2008) I should write on employee details of his firm's application. He emailed back saying I am staying in the country ILLEGALLY for the past 1 year and 2 months and told me my chances of getting extension are very slim.

    As you might expect this really scared me. I did some research on online forms and found out that CBP office may be of help. I told my lawyer that and he said they do not have the authority to give me a new I-94 because they did not make a mistake in the first place, they just went by my old passport expiry date. He told me to give it a shot if I am comfortable going there knowing all the consequences (they might help or might not or may deport me right there). He said he will apply for late extension of stay explaining how I made an inadvertent error and may be USCIS may have mercy on me and grant me late extension of stay. This confused me a bit. What does he mean by late extension of stay? Is it different from applying for regular extension of stay?

    Does any one here went to LA CBP office with this kind of problem and got a new I-94 180 days after I-94 expiration? Is it safe to go there?

    I hope this post is not too lengthy. Please advise me on this. This issue really making me crazy for the past couple of days

    Thank you in advance,
    Prasad
    August 18, 2009

  • #2
    Your lawyer is absolutely right. Try CBP and your luck. They will not change the date as it was not their error.

    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.

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