Expired I-94

[wish_anonymous]

Hi All,
Please help me through this urgent situation.

My H-1 approval notice valid till Feb 2005
Visa stamped on passport expired on Jan 2, 2004
I-94 expired on jan 12, 2004.
I did not notice about the expiry date at POE and came to know when I casually checked it 2 days back.

I-94 which came with approval notice was valid till feb 2005 but while coming back from India last time, INS officer did not give me I-94 valid till I-797 validity date but till validity date of my Visa stamped.

I had the impression by default and law, I-94 must be valid till Feb, 2005 as I had shown him the I-797 at POE.


So legally I am out of status.
Please advise, what is the safest and best option for me.
Thanks,
w_a

 

[wish_anonymous]

Re: Expired I-94

you say:
You should have gotten a new visa. The approval notice is not enough for entering. So the officer at the POE did exactly what he was supposed to do.

w_a: well, I came back in may and by that time, my visa stamp was still valid and they do not give you a new stamp if your visa is not expiring in next 6 months or not already expired within last 1 year.

you say:
Get a new visa.

w_a: you think, sending papers to St Louis will be a safe option or going India and getting stamped is better?
Thanks!