Different dates on Visa and I-94

G

garywarrier

Registered Users (C)
My H1 Visa is valid until Jan 2005. However while returning on a trip from India recently the Immigration officer at the airport gave me an I-94 with a date validity until September 2004.
My question is what happens when I reach September 2004...my Visa is still valid until Jan 2005...should I just go out of the country and come back so that I get a new I-94 until my Jan 2005...
anybody experienced a similar situation...
 
My H1 Visa is valid until Jan 2005. However while returning on a trip from India recently the Immigration officer at the airport gave me an I-94 with a date validity until September 2004.may be because your current h1 visa stamp in your passport expires in september 2004. may be you entered using old visa stamp but you had h1 extended or transferred with extended expiry date. in that case you should shown the latest h1 approval petition to get proper i94 expiration dates.
My question is what happens when I reach September 2004.you are authorized to stay only till september 2004. ..my Visa is still valid until Jan 2005...should I just go out of the country and come back so that I get a new I-94 until my Jan 2005...yes this is one option. you get your visa revalidated and go out and enter. second option is you have to file h1 extension before the expiration date on your i94.
anybody experienced a similar situation...
 
Thanks for your reply.
Just to clarify, I did get my visa revalidated before I left for India. So I had the latest H1 Visa stamp on my passport-Jan 2005,even so the Officer only put the date until Sept.2004 on my I-94 card.

Okay, going out of the country and getting back in is one option,
also when you said H1 extension, will it be a H1 extension or should I extend my I-94...is there a separate form for that or is it the I-539 itself. I am sorry it could be that both are the same too--H1 extension and I-94 extension.

Thanks,
Girish
 
Just to clarify, I did get my visa revalidated before I left for India. So I had the latest H1 Visa stamp on my passport-Jan 2005,even so the Officer only put the date until Sept.2004 on my I-94 card.
---- It is mistake of POE officer if you are near to the POE go to POE and get it corrected, same happened with one of my friend and POE inspector gave wrong I-94 date at Newark NJ airport, my friend went to Newark airport after few days and they corrected the I-94. You can also visit local BCIS office and can get I-94 corrected, you can also file FORM I-102 for I-94 correction (fees$100) or exit and reenter if you are near to border post and get new I-94 before the I-94 expires

Okay, going out of the country and getting back in is one option,
also when you said H1 extension, will it be a H1 extension or should I extend my I-94...is there a separate form for that
--- Form I-102 for I-94 correction
 
Thank you very much fo ryour reply. Based on your suggestion I did go to the EWR airport yesterday and talked to the INS there.
To mu suprise and it was probably my mistake and overlook too...
the I-94 was actually stamped till Sept 2006...it was just that the officer had not written the '6' properly and it looked more like a '4'.
...:)...anyway this was a happy ending...
thanks a lot to you guys for your suggestions..I would have never gone to check it out at the EWR airport if not for your suggestion...
 
Gary Warrier,
could you please give details as to where to go in the ewr airport
and if any specific documents to carry.or was it just your passport
and h1 and I-94.how was the general response there?
I might have a similar issue but I am waiting for my revalidation
to go and get my i-94 corrected.I did not realize when I sent it in
for revalidation.
Ginnu,is going to a POE / local bcis office a better option than the
filing of I-102?
Thanks
 
sanjb,
At EWR just go to the International Arrivals point...you can also see signs for "immigration" which lead here...once there it is mostly the passengers coming out...but you can go to the airport official at the entrance and tell here that you want to meet an immigration officer...and had a question,etc...she would send you in to another security officer who would want to know exactly what it is that you want...
in my case...this security officer itself went in and enquired with an immigration officer and gave me the status...i did not get to meet the INS official in person..but then mine was just a status query...

hope this helps...
gary
 
I did not have luck at at the airport POE.The officer very unhelpful
and did not want to amend / correct the i-94.
However he mentioned that my status is defined by the dates on my h1b as long as I worked for the petioner(meaning my current h1B employer).The local USCIS office also did not want to correct it but suggested I could go out of country and come back in witha new i-94.They said I could apply on a 102 form but that would take a long time
In the meanwhile I have got visa revalidation done (which was submitted a few days (b4 i-94expiry in august) which is valid till March 2004.
can I apply for a h1 transfer b4 March 2004 with a copy of h1b approval (which has the validity listed till 2004 march) and that would take care of i-94 extension too?
if I travelled outside now, will I have any issues when I come back at POE.Ihave the valid visa and original I797 (the I-94 attached to it was submitted when I went out last time).I do have a photocopy of the that too.is travel required at all.?

Please advise
 
In the meanwhile I have got visa revalidation done (which was submitted a few days (b4 i-94expiry in august) which is valid till March 2004.
---- You got Visa sticker in passport till march 2004
can I apply for a h1 transfer b4 March 2004 with a copy of h1b approval (which has the validity listed till 2004 march) and that would take care of i-94 extension too?

----- You can apply H1 transfer before the I-94 expiry date. I don’t know your details about the validity of your I-94 and your H1 approval notice
if I travelled outside now, will I have any issues when I come back at POE. I have the valid visa and original I797 (the I-94 attached to it was submitted when I went out last time).I do have a photocopy of the that too.is travel required at all.?

----- If you are near to Canada or Mexico border just go to Canada or Mexico and renter with new I-94, check if you need visa for Mexico or Canada I don’t know your citizenship.
Or fill up the form I-102, talk to your layer what he suggests.
*** When you went to Newark POE you should have asked to see the immigration supervisor try to make second trip to your POE you may face some good officer this time. Don’t visit the same time you earlier went to POE choose different time and you may meet different officer

* Photocopy of the I-94 that you submitted when you left US is not valid as it is only copy but you can show it to POE officer with H1 approval notice and point out the mistake to officer. If the officer again refuses to correct the mistake go to your local congressman office and lodge the complaint
 
Specifics I missed out:
h1b approval in April 2002 valid till March 2004
travel in june 2002 where I-94 fom this h1b was submitted at airport on exit
new i-94 in july 2002 on reentry at EWR but POE officer gave it based on prev visa valid till Aug 2003.
sent to revalidation in Aug b4 expiry of visa but received revalidated only last week.new sticker valid till March 2004.

went to local USCIS and POE and explained the problem.result as inmy prev post.

Since I have a valid h1b and stamping and current employment,
I was hoping that travel outside and come back in with a new i-94 based on my visa/h1b would solve this issue.I wil need a visa for canada / mexico.i can go to India fora couple of weeks and reenter. I wanted to make sure I will not have any problem reentering.
 
I was hoping that travel outside and come back in with a new i-94 based on my visa/h1b would solve this issue.
---- You can do that
I wil need a visa for canada / mexico.i

can go to India fora couple of weeks and reenter. I wanted to make sure I will not have any problem reentering.
--- I don’t think you will have any problems
 
Thanks for your response.

does it matter which POE I go to request for correction? I was thinking of going to a local POE (other than EWR) and try.I did not enter through this POE though.
 
---- Better go to the same POE where mistake happened
I was thinking of going to a local POE (other than EWR) and try.I did not enter through this POE though.
----- Nothing wrong in trying that. ANDTry again at EWR at different time

*** When you went to Newark POE you should have asked to see the immigration supervisor try to make second trip to your POE you may face some good officer this time. Don’t visit the same time you earlier went to POE choose different time and you may meet different officer
 
travelled, fixed I-94 date

Finally had to make that trip.came back in with the right I-94.
Thanks for all the suggestions.
 
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