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I-94 status?

Discussion in 'H-1 6 Years Expiring' started by mvnm00, Dec 4, 2003.

  1. mvnm00

    mvnm00 Registered Users (C)

    I have a typical case and hope somebody would give me a legal advise as to how i should proceed. This is regarding my I-94 status.

    I joined company-B in Feb'2002. I had visa of my previous company(company-A) till May'2003. In the mean time I went to India in Nov'2002 for marriage. Till this time my new H1 was not apparoved and all i had my receipt notice. During my stay in India my H1 was approved (company-B)and my company has sent me the H1 copy and due to in sufficient time i had to come back with out getting my current company's (company-B)visa stamped. My visa on passport(with old company was still valid till May'2003. I came back on 01/12/2003 and at the port of entry i showed my new H1 approval copy and also showed my visa on passport (previous company). The officer asked me to get my visa stamped as soon as possible. He issued me a I-94.
    I didnot give it much notice after the officer has given me the I-94. Also in May'2003 i sent my visa for revalidation with my current company (company-B). I got the new visa (valid till 08/24/2004).
    After i got my new visa on my passport, i checked my I-94 copy that was issued during the port of entry and i realized that during port of entry the immigration officer has given me I-94 till 01/14/2003 (which was just for 2 days). The I-94 on my new H1 approval is valid till July' 2004. At this stage which I-94 holds good. This seems to be bit contradictory as on my H1 approval i still have vaid I-94 but my port of entry I-94 is already expired...I do not know if it was a mistake by the INS officer. My questions are

    1. Am i legal now?
    2. Is it possible to give a I-94 for just 2 days (intenional or un intentionally).
    3. Can i apply for I-94 status adjustment.
    4. Since i got new visa of current company (company-B) which is valid till July'2004...Am i legal to stay ?
    5. My 6 year H1 period is ending in Jul'04 and will i have any problem during renewal of H1 (extension of H1 currenlt GC on process).
    6. Can i apply for renewal now and already now its nearly 10 mos that my I-94 is expired.
    7. If at all i have to go out of country for a new I-94, can i fly to Canada or Mexico...pls suggest me...

    Please advise me.....

    I would really appreciate for any kind of help...
    Thanks
  2. ginnu

    ginnu Registered Users (C)

    At POE you should have given I-94 till your H1 approval Notice. The officer at POEmessed up. Contact lawyer and get your I-94 problem fixed. Visa stamp is only for travel it is not status. Go to local BCIS office or fill up I-102 ask your lawyer. Or go out of US and reenter and get newI-94 based on Visa stamp
  3. mvnm00

    mvnm00 Registered Users (C)

    can i go to local INS office and explain the situation to them, and can i get a new valid I94 based on my new H1 approval?
    OR should i have to leave the country?
  4. ginnu

    ginnu Registered Users (C)

    When you entered at POE you had H1b visa stamp AND showed H1b approval notice you were supposed to get I-94 valid till your H1 approval notice, The Inspector at POE did mistake and you never noticed the wrong date on I-94 that is your mistake.


    You can go to same POE airport and get I-94 corrected meet supervisor
    or
    go to local BCIS office get it corrected
    or
    file form I-102 with USCIS
    OR
    go to Canada, Mexico (you will need visa for Canada)and while return get newI-94 based on H1 stamp (when you go to Canada by border you will face Canada immigration and normally they don’t ask for I-94 but you should give them, if take flight to Canada airline will not ask you to surrender I-94 but you should give them so that when you return you get new I-94)
    or
    go to any country out of US and get newI-94

    *** you should also talk to your lawyer

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