Expired I-94 Immingration Problem

R

raviac

Registered Users (C)
Hi,
My 6 Yrs on H1 expires on May 3rd. My labor got approved after 20 months. In the mean time I applied for 7th yr extension. 7th yr extension is not approved yet. Iam planning to leave the country for vacation on May 7th. I heard that since my I-94 expires on May 3rd, I will have problem in Immigration in Airport while leaving and they will stamp my passport as illegal immigrant. Is that true? I have not applied for I-140 after my labor approval. Please help..


Thx.
Ravi.
 
I don't think you will have any problem leaving US and no, they don't stamp your passport with "illegal immigrant" stamp! Where did you hear that?

It might be a good idea to make a copy of your I-94 card for your records.

Since you are leaving US while your H1 extension is pending, you need a new H visa to return. Make sure that you get the ORIGINAL I-797 H1 extension approval in your hands and you have ALL required documentation to support not only your H1 but also the reason for H1 extension (copy of LC approval, letter of employment, pay stubs, etc.)
 
Thx. My friend told me after seeing a lawyer giving some updates on Immigration in an Indian channel !!
 
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