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Urgent - Need help to calculate 6 years for H1 if you havn't submit I-94 once.

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  • Urgent - Need help to calculate 6 years for H1 if you havn't submit I-94 once.

    Hi,

    My wife is pregnant and she in is due on 10May2010. I am on H1B here and my visa is getting expire on 31Mar2010 and then I have to file for the extension.
    I came to USA in Dec2003 and since then I went to India as below
    2004 - 1 month
    2005 - 3 month
    2006 - 4 month
    2007 - 1 month
    2008 - 1 month

    So I will get extension till Oct 2010 (Including vacation). Now the problem is, I think once I forget to give I-94 while I was leaving USA. I don't remember which year...if it is 2005 or 2006 then I will get extension till Jun/Jul 2010 only. I am not sure I will be able to travel back to india in Jun/Jul since my baby will be only 1-2 month and I need to get passport and all which will take at least 2 month.

    Can you please tell me that if I missed to hand over I-94 in one of my travel, then that time period will exlude when USCIS will calculate my 6 years??? Or they have record from the airline when we are leaving USA.
    I hope I will get extension for the time period I fogot to give I-94 then I have enough time to get passport and all for my baby otherwise I will be in big trouble.

  • #2
    If the I-94 isn't handover during your return, then exit entry won't be marked with USCIS.

    Getting a passport for a newly born will only take 20-30 days.
    Not a legal advice. Use of this information is strictly at your own risk.

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