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I-94 expired which was issued after H1B extension was approved. Need help.

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  • I-94 expired which was issued after H1B extension was approved. Need help.

    Hi,

    My employer had filed for H1B extension approved on Nov 2007 (I did not knew about it) with I94 expiring on 08/2010. I went to India & came to USA in May 2008 & got I94 with expiry date on Sep 2008.
    After coming back from India my employer handed me H1B extension & told me that I have valid I94 till 08/2010. So I never bother about exp. date on I-94. But now my lawyer is saying that I'm overstaying illegally as my I-94 has expired. So she is suggesting me to go to USCIS office & take Deferred Inspection appointment & get my I-94 updated with new dates i.e. Aug 2010.

    I want to know what are my options. Is going for deferred inspection is good idea & do I need to take my lawyer with me or I should go to India & re-enter US?

    Just to summarize dates:
    ------------------------
    I-94 Exp date: Sep 2008 (Issued on May 2008)

    I-797 (extension) Date : Nov 2007 - Aug 2010 (Approved/Issued on Nov 2007)

    H1B Visa Exp date: Sep 2008

    India Visit: March 2008 - May 2008



    Thanks for looking into this!!!

  • #2
    Here, I-94 you got at Port of entry based on your h1b in your passport.

    And in your h1 extension, if the I-94 is till 08/2010 then as per me, nothing wrong. This can be a valid case, that person entered in US 2-3 yrs back with old visa with that visa expiry date which is equal to I-94 expiry. And after that got h1 extension with new expiry + new I-94.

    In this case it is not necessary that your I-94 on passport will be same as with h1 extension.

    Again, check with CBP office about it. And for that no need to take lawyer with you.

    You can see more explanation about same thing by immihelp on below thread:


    [Note:- I am sharing my views, contact your attorney for the best advice]

    Originally posted by soli View Post
    Hi,

    My employer had filed for H1B extension approved on Nov 2007 (I did not knew about it) with I94 expiring on 08/2010. I went to India & came to USA in May 2008 & got I94 with expiry date on Sep 2008.
    After coming back from India my employer handed me H1B extension & told me that I have valid I94 till 08/2010. So I never bother about exp. date on I-94. But now my lawyer is saying that I'm overstaying illegally as my I-94 has expired. So she is suggesting me to go to USCIS office & take Deferred Inspection appointment & get my I-94 updated with new dates i.e. Aug 2010.

    I want to know what are my options. Is going for deferred inspection is good idea & do I need to take my lawyer with me or I should go to India & re-enter US?

    Just to summarize dates:
    ------------------------
    I-94 Exp date: Sep 2008 (Issued on May 2008)

    I-797 (extension) Date : Nov 2007 - Aug 2010 (Approved/Issued on Nov 2007)

    H1B Visa Exp date: Sep 2008

    India Visit: March 2008 - May 2008



    Thanks for looking into this!!!

    Comment


    • #3
      Your stay past Sep 2008 is illegal. Read about the last action rule in the forum. The last received I-94 (In your case, the one you got at the POE) takes precedence over the other. You should have either filed for a new extension or that you should have left the country and re-entered for Sep 2008 (i-94 expiry). If this is not resolved correctly, then it could lead to serious issues later. Being illegal for more than 12 months could get you upto 10 years ban. I suggest that you talk to the CBP officer immediately and if possible take the lawyer with you.

      Originally posted by soli View Post
      Hi,

      My employer had filed for H1B extension approved on Nov 2007 (I did not knew about it) with I94 expiring on 08/2010. I went to India & came to USA in May 2008 & got I94 with expiry date on Sep 2008.
      After coming back from India my employer handed me H1B extension & told me that I have valid I94 till 08/2010. So I never bother about exp. date on I-94. But now my lawyer is saying that I'm overstaying illegally as my I-94 has expired. So she is suggesting me to go to USCIS office & take Deferred Inspection appointment & get my I-94 updated with new dates i.e. Aug 2010.

      I want to know what are my options. Is going for deferred inspection is good idea & do I need to take my lawyer with me or I should go to India & re-enter US?

      Just to summarize dates:
      ------------------------
      I-94 Exp date: Sep 2008 (Issued on May 2008)

      I-797 (extension) Date : Nov 2007 - Aug 2010 (Approved/Issued on Nov 2007)

      H1B Visa Exp date: Sep 2008

      India Visit: March 2008 - May 2008



      Thanks for looking into this!!!
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        any update???

        Hi Soli, what have you done to get I94 renewed..? please let us know. Thanks.

        Comment


        • #5
          FYI - Just go to CBP Deferred Inspection office with your Passport/VISA/I-94/Approved petition and they should be able to correct this.
          Originally posted by cloudnaresh View Post
          Hi Soli, what have you done to get I94 renewed..? please let us know. Thanks.

          Comment

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