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I-94 Validity !!!

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  • I-94 Validity !!!

    Could anybody please answer my I-94 validity question.

    Here is the sequence of events happened with my I-94,

    1) I-94 issued till 11/30/09 (because of Passport expiry) at POE last entry to USA even though I-797 valid till 2/25/10.

    2) Got H1-B extension and it has new I-94 issued (on I-797) from 2/26/10 till 11/30/12.

    3) Now, there is a I-94 gap from 11/30/09 to 2/25/10

    4) So, to fill the gap, I visited Canada and I-94 was issued till 2/25/10 at POE (Canada Border) till current H1-B (I-797) validity. (At this time I had H1-B extension as well which is valid from 2/26/10).

    So, question is what is my I-94 validity after 2/25/10?

    Will my new (I-94) attached on I-797 (valid from 2/26/10) take affect?

    Or the new I-94 already voided with the latest I-94 received from Canada visit (valid till 2/25/10)?

    Thanks for your time.

  • #2
    Read about the last action rule in the forum. The last received I-94 takes precedence over all the other I-94's. You need to file the extension before the last received I-94 expires.
    Last edited by shervin143; 01-28-2010, 11:38 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      shervin143,

      I already have extension approved (as mentioned in point (2) above). But the extension is going to be effective from 2/26/10. I know it is actually a relatively common occurrence (most often happens when an extension is still pending, the person travels and re-enters with a new I-94, and then the extension is approved and the old I-94 number is on the latest approval).

      But is there any significance with I-94 on new H1-B extension, it says 2/26/10 for "From Date"?

      Thanks.

      Comment


      • #4
        This is actually a grey area. I have seen equally authentic views on both sides. You should consult a competent immigration attorney about this matter.
        This is my opinion and not legal advice.

        Comment


        • #5
          Since you already got the extension before your travel to Canada, by showing both the approval notices (including the extended one), you should have got an extended I-94 all the way till 11/30/2012. Like mentioned in the previous reply, do consult a lawyer.
          Last edited by shervin143; 01-31-2010, 03:50 PM.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            kabkaba,

            Thanks. Actually my attorney says, the H1-B extension that was approved takes effect from Feb'26 2010, which arguably would be the last action in the sequence of events and would thus be controlling.

            shervin143,

            Thanks. My attorney says CBP officer wouldn't have looked up H1-B extension in the system had I shown then new H1-B extension which is effective from 2/26/10.

            So, I am confused with the conflicting reports on I-94 validity.

            Comment


            • #7
              Thanks. Actually my attorney says, the H1-B extension that was approved takes effect from Feb'26 2010, which arguably would be the last action in the sequence of events and would thus be controlling.
              >>> Very much Possible.

              Thanks. My attorney says CBP officer wouldn't have looked up H1-B extension in the system had I shown then new H1-B extension which is effective from 2/26/10.
              >>> This is not true. Before mailing any approval notice, it would go into their system first. I know people who went for Visa stamping with both the petitions and got the visa stamped until the extended petition validity.
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment

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