Do i need a new i94?

D

depakjan

New Member
My Visa expires on July 31 2013 , During my Visa extension process i had to travel to india for my marriage and i returned with my visa itself, so i got a i 94 with 31 July 2013 date.

Now my extension had got approved during my stay in india and i have my petition i797 A with i94 till 2016 date.

Question is, this extension was approved(on May 22) before my re-entry to US(Jun 8 2013) , so which i94 is valid here?, do i need to get a new i94 ?

Since my petition i94 is older than my new i94, i am confused if i will have any issues, please help.
 
I-94 issued last prevails. In your case the I-94 issued upon your arrival on June 8 is the one. If the date on that I-94 is July 31, you better get it fixed right away. You can try to visit CBP deferred inspection center near your city and have them correct your I-94 since CBP issued your I-94 upon arrival.

From USCIS website:
Contact Customs and Border Protection (CBP): Correct your Form I-94, Arrival-Departure Record, issued when you entered the United States If the error in your immigration document occurred upon entering the United States, you must visit a local CBP Deferred Inspection Site or a Port of Entry or Admission to have it corrected. For a list of Deferred Inspection Sites or Ports, please visit the CBP website (www.cbp.gov) and click on the “Ports” link at the bottom of the page. (Please note if USCIS issued your Form I-94, you should contact USCIS to correct that particular record.)
 
I called local immigration office, they said your petition i94 supercedes everything , can i just proceed with my petition i94 then or do i need to take any other action. thanks.

Also i checked my petition status

its still in approved status

On May 14, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.

if my petition is considered abandoned, it would have been updated here right?

Thanks all the help guys.
 
Last edited by a moderator:
Not sure who gave you the information but AFAIK I-94 issued last is the one that prevails. Online message doesn't matter.

I think you should visit the local CBP deferred inspection office to straighten this out. If you don't, you might be flagged as working without authorization after July 31 and it has severe implications for you down the road.
 
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