Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

I94 date differs from I-129 approval notice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • I94 date differs from I-129 approval notice

    In my passport > I 94 > Departure date is Feb-2011 but in my I-129 Approval Notice petition validity end date is Dec-2012.

    Now I don't know if I need to leave the country for the re-stamping? Or I can stay.

  • #2
    Probably you got an I-94 for less duration compared to the petition expiry date because your visa might have been issued only till Feb 2011 or your passport might be expiring in Feb 2011.

    When you are inside U.S, your I-94 will decide until when you can legally stay and work in the country. Your employer will need to file the extension of status for you before the current I-94 expires (Application should reach USCIS before the I-94 expiry date). When does your visa expires (Check your passport)? If you have a visa that is valid until 2012, then you can just leave the country before the I-94 expires (return all the I-94 when you leave the country) and return back with a valid petition, valid visa and a passport that has a validity beyond the petition (or at least valid for more than 12 months) to get a new I-94 matching your petition expiry date.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks. Actually my passport was getting expired in Feb-2011 but I've renewed it. Due to this reason I94 departure date is Feb-2011. My visa expiry date is Sep-2011 but in my petition expiry date is Dec-2012. FYI, I had transfer my visa before coming to US from India. And didn't go for re-stamping at that time. Please advice.

      Comment


      • #4
        You have three options

        1) Go to the near by CBP post and check to see if they could issue you a new I-94 since you have already renewed your passport and you have a petition that is valid until 2012. It might work. If it does, it will save your a trip outside the country and the need to file an extension.

        2) Leave the country before the current I-94 expires and return back with the new & old passport, valid petition and visa. You will get a new I-94 at the POE that is valid until the petition expiry date (sometimes only till the visa expiry date). If yu decide to go to Canada or Mexico, then you have to make sure you return all your I-94's before you leave and request a new one upon your return. Otherwise the trip will be of no use. They won't take your I-94's when you go on a short trip to Canada or Mexico.

        3) File an extension before the current I-94 expired. You will get a new petition with an attached I-94.


        Originally posted by itsshripal View Post
        Thanks. Actually my passport was getting expired in Feb-2011 but I've renewed it. Due to this reason I94 departure date is Feb-2011. My visa expiry date is Sep-2011 but in my petition expiry date is Dec-2012. FYI, I had transfer my visa before coming to US from India. And didn't go for re-stamping at that time. Please advice.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Valid L-1, I-94 expired, received query on petition extension

          Hi,

          I am in a precarious situation.

          My L-1B is valid till Dec-2012. My I-94 expired in Sep-2011 as my passport expiry was Sep-2011. My I129 (petition) validity date is same as Visa date (Dec-2012)

          My company filed for extension before the I-94 expiry, but I received query on the extension to which I need to respond by 23-Dec-2011.

          MY company is suggesting that in case I do not respond to query, I need to leave the country 5 days prior to the response date. They will withdraw the extension. I can come back as I have a renewed passport, valid visa and existing I129 valid till Dec-2012. I will get new I-94 till visa expiry at the POE.

          Please let me know your thoughts if this is a viable option.

          Thanks
          Sumit

          Comment


          • #6
            Ask them to respond back to the RFE with proper documents asap (Instead of waiting till Dec 23rd). Anytime spend in U.S after the I-94 expiry date will be considered as illegal if the extension doesn't get approved. If they do not have any plans of sending the document then leave the country immediately and return back. If you decide to go with option 2, there are chances that you might be questioned for your illegal stay (stay beyond the I-94 expiry date) and you should be in a position to justify yourself.

            Originally posted by sumitj25 View Post
            Hi,

            I am in a precarious situation.

            My L-1B is valid till Dec-2012. My I-94 expired in Sep-2011 as my passport expiry was Sep-2011. My I129 (petition) validity date is same as Visa date (Dec-2012)

            My company filed for extension before the I-94 expiry, but I received query on the extension to which I need to respond by 23-Dec-2011.

            MY company is suggesting that in case I do not respond to query, I need to leave the country 5 days prior to the response date. They will withdraw the extension. I can come back as I have a renewed passport, valid visa and existing I129 valid till Dec-2012. I will get new I-94 till visa expiry at the POE.

            Please let me know your thoughts if this is a viable option.

            Thanks
            Sumit
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thanks for the response.
              There are lot of queries and I don't think we are in a position to provide evidence for all the queries. I have decided to go back to India on Dec-05, well ahead of response date Dec-23. Company would withdraw extension immediately.

              If they question me regarding my stay after I-94 expiry I can show them the reference number (issued for extension) showing that my extension was filed but I had to go due to personal emergency so the extension was withdrawn. I still have my valid petition.

              Do you think that would be a satisfactory explanation?

              Comment


              • #8
                Yes, you can explain about your extension filed and the reason to leave when it was in-progress.

                Originally posted by sumitj25 View Post
                Thanks for the response.
                There are lot of queries and I don't think we are in a position to provide evidence for all the queries. I have decided to go back to India on Dec-05, well ahead of response date Dec-23. Company would withdraw extension immediately.

                If they question me regarding my stay after I-94 expiry I can show them the reference number (issued for extension) showing that my extension was filed but I had to go due to personal emergency so the extension was withdrawn. I still have my valid petition.

                Do you think that would be a satisfactory explanation?
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Originally posted by shervin143 View Post
                  You have three options

                  1) Go to the near by CBP post and check to see if they could issue you a new I-94 since you have already renewed your passport and you have a petition that is valid until 2012. It might work. If it does, it will save your a trip outside the country and the need to file an extension.

                  2) Leave the country before the current I-94 expires and return back with the new & old passport, valid petition and visa. You will get a new I-94 at the POE that is valid until the petition expiry date (sometimes only till the visa expiry date). If yu decide to go to Canada or Mexico, then you have to make sure you return all your I-94's before you leave and request a new one upon your return. Otherwise the trip will be of no use. They won't take your I-94's when you go on a short trip to Canada or Mexico.

                  3) File an extension before the current I-94 expired. You will get a new petition with an attached I-94.
                  Dear Shervin,

                  I have a similar situation. During my recent trip from India, I was issued an I-94 valid until March 2012 since my Indian passport was expiring in March 2012. I got my Indian passport renewed now and my H1 visa is valid until Sep 2012. In order to avoid the process of applying a new H1B extension petition, I would like to travel to Mexico and re-enter US to have a new I-94 valid until my visa expiration.

                  - I understand I need to apply for a visitor visa to travel to Mexico. Is that correct? Any help on how to obtain one would be appreciated.

                  - Don't the US port of entry issue me a new I-94 irrespective of my short stay in mexico. I didn't quite get your point on requesting a new I-94.Aren't they supposed to issue a new I-94 everytime I re enter US?

                  Comment


                  • #10
                    No visitor visa needed for mexico. Just cross the border and come back. It is upto the border agent to issue the I-94. generally travel to mex for less than 30 days does no0t get you a new I-94. You can explain the reason and the border agent will likelt issue a new i-94 by collecting $6.

                    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.

                    Comment


                    • #11
                      Originally posted by txh1b View Post
                      No visitor visa needed for mexico. Just cross the border and come back. It is upto the border agent to issue the I-94. generally travel to mex for less than 30 days does no0t get you a new I-94. You can explain the reason and the border agent will likelt issue a new i-94 by collecting $6.
                      Thanks for the info.

                      Comment

                      {{modal[0].title}}

                      X

                      {{modal[0].content}}

                      {{promo.content}}

                      Working...
                      X