H1b & I-94 Expiration

R

riteshranjan

New Member
Hello there

My current H1B visa & I-94 is expiring on 15 Jan 2003 .
The current visa on my passport is of my previous employer. My new employer did H1B transfer which is valid till 08/01/2004. I received an I-94 along with new approval notice which was valid till 08/01/2004, as it was instructed on the new I-94 I attached it to passport. Few months back I traveled outside USA, at that time I surrendered the I -94 (valid till 08/01/2004). While entering again into the country they given me a new I-94 with expiration date (01/15/2003) according to my visa on passport, where as my H1B was valid till 08/01/2004.
Now I am sending my passport for stamping of new visa according to my new H1B approval.
Question is :
# is it legally to stay in the country after 15th jan 2003?
# How can I renew my I-94 without leaving the countary?
# what happen if I will not receive my passport back by 15th Jan 2003( in case legally I need to leave the country after 15th Jan)?


Thanks a lot
:confused:
 
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just saw your post. I have exactly ythe same problem! I wish someone who has come out of the same problem reads this and responds. You can seen hundred of posts regarding h1 revalidation, no one says a word about the I-94 which also expires. I need this information for my GC.

:confused:
 
A copy of latest H1 approval

riteshranjan,

To apply for H1 visa re-validation all you need is a copy of the approval notice (I-797) from INS. I am sure you must have a copy of the latest I-797 (new H1 approval). If not, your lawyer will have a copy of all approvals. So get a copy of latest I-797 and send it with other required documents.

An individual maintains legal status till the last extenstion day on your latest H1 approval.

Hope it helps.

Thanks.
 
You MUST have a valid (i.e. UNEXPIRED) I-94 to be in lawful status. The visa stamp is NOT relevant. Search this site on the term "AYTES" and you will find my posting with the relevant memo.
 
cpDelhi/Jim

Thanks a lot for response.

cpDelhi –
My problem is not visa; it is all about I-94. I have a H1B approval notice valid through (08/01/2004) so visa stamping can be done any time, but how will I get the I-94 renewed?

Jim –

I checked the document you recommended, but I don’t see any information about renewing I-94. My problem is I have a valid H1B (Approval notice not visa) till 2004 but I have I-94 valid till 15 January 2003. Is there any way to renew my I-94 without leaving the country? I am not sure renewing visa on my passport will help me to renew my I-94.


Thanks Again
 
Maintainhg status

If you have lastest H1B approval (I-797) and working for the same employer than you will maintain legal status during for period of stay in USA for which your new H1B aprroval was issued. I think in your case you will maintian legal status till 08/01/2004, if you are working for the same employer who sponsored you lastest H1B.

You will need I-94 only the day you depart USA. That time you can give the I-94 which is with you at present. My I-94 expired on Dec 14, 2002 bu t I had got my visa from St. Louis before that day.

Secondly, you actually don't require a visa to maintain status in USA. Visa is just for re-entry and saves you time and agony for going to US consulate in your home country.

I hope this helps.

Thanks.
 
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I am also facing the same problem. My husband's I-94 is expiring in June 2003. He has applied for R-1 visa transfer in California service center in May 2002. Till now no decision has been made on this case. What will happen if the approval notice is not mailed until June 03? Will he be out of status after that? Can we get the I-94 extended?

Thanks ... :(
SCV
 
riteshranjan

You will need to act quickly to update your I-94, either by making a trip abroad or filing I-102 at once. If not, you will be out of status (technically speaking) after Jan 15. Note that the official INS position is that the *latest* I-94 governs - even though the I-797 may indicate a later date.

Typically this happens if you subsequently went out of the country and got an earlier expiration date at the POE (happens if you dont show the latest I-797 to the POE officer). Since the POE issued I-94 was issued later - thats the one that governs.

If you file I-102 to correct the I-94 (either at the local office or the processing center) BEFORE it expires you'll be fine. But once it expires you're already accruing out-of-status time.

Search the forums/chats on this site or murthy.com for info on this issue - or contact any immmigration lawyer.
 
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:confused:

My I-94 date is expired even though the I797 Approval and I-94 attached to it is valid till mid of this year 2003. This happened because I did not show this at the port of entry.

As per your email I am out of status technically would you suggest to get I-102 or go out of the US and come back.
 
Why din't you show the correct approval notice when you reentered? If you did, you will just need to return to the Port of Entry and have them issue a replacement I-94 to correct their error.

If you did not, your situation may be somewhat more complex as addressed by some of the posts above.
 
hi, I have the same situtation with you. However, I did show my latest I797 approval notice at port of entry which expired Nov 30, 2003. However the officer that inspected me write Dec 16, 2002 on my I-94 which is 10 days from the expiration of my H1B visa stamp on the pasport. Same thing happen to my spouse.

Can I have them corrected my I-94?
 
surtihadi
i have still not resolved this issue
i did have the I797 with me but the officer used the old visa date for my I-94.
you have technically overstayed after dec 16.
i have heard conflicting solutions so far for this problem.

1) go to the POE and get it corrected. (i tried it didnt work)
2) go to the local ins office.(i am not sure how this will help)
3) apply for I102 in the processing centre.
4) go out to canada or mexico and come back(high risk at reentry)
5) apply for a new h1

i wish i had a solution. let me know if u hear any other option or get your case resolved.
 
H1 Problem

I am on H1 B and my employer is closing his company and is revoking my H1.
With in how many days should I leave the country after H1 is revoked ?
I wanted to visit canada before I leave to my home country .Can i got to canada and go from there to my home country?What happens to my status ?
What happens to my I 94,Will the officials at canda take it while leaving or the officials at US take it while I am leaving to canada.

Please advise me ...............
Thanks...
 
I have similar situation here with the only difference that officer at POE put my passport expiration date onto my I-94(may 2003) while my visa stamp expires at Sept 2003 and my 797 from new employer expires in 2005. IMHO it was a mistake from his side because passport is just a traveling document and can not be counted. According to some posts here there's a chance to extend I-94 by filing form I-102 but looking at the form I would say that it's rather exeption than the rule...
I'm wondering what kind of problems I can have if I just go to Canada and fill another I-94 at POE? Is the air the only option or can I drive? If my passport expires in May will they put canadian visa in it and what is the latest date I can try to enter US from Canada? I would appreciate any info on that matter
 
riteshranjan,


what did you do finally to extend the i-94 date, i am also in the same status
 
casio_ali,

can yu write me what did you do finally to get the i94 extended.

thanks
 
For: us_can:
I am on H1 B and my employer is closing his company and is revoking my H1.
With in how many days should I leave the country after H1 is revoked?
** When your employer revokes your H1, he will send a letter to INS/BCIS and they can cancel the H1b same day when they receive the letter or take few days. once your H1b is revoked you should leave US immediately or if you are able to find new job File for H1B transfer through new company immediately before your employer send letter to INS/BCIS

I wanted to visit Canada before I leave to my home country .Can I got to Canada and go from there to my home country? What happens to my status?
**If you have Canada Visa then you can leave for Canada and then you can go to your home country from Canada, you will have no status in US (after H1B is revoked), in Canada your status will be Visitor if you have Visitor Visa for Canada.

What happens to my I 94,Will the officials at Canada take it while leaving or the officials at US take it while I am leaving to Canada?
** Normally officials of Canada immigration don’t take your I-94 because when you enter Canada you face Canada immigration, you are not going to face US INS/BCIS when you enter Canada, but you should give your I-94 to Canada immigration officials they can Passover to INS, because it will be record that you have not overstayed in US, if you are taking a flight from US to Canada, airlines will not ask for your I-94 but you should give your I-94 to them so that they can give it to INS/BCIS.
Keep the copy of your I-94 with you for future and any proof (like airlines boarding pass) that you left US before H1b was revoked, that will be proof with you that you complied with the law and has not overstayed.
 
Hi Pals,

My I-94 got expired on feb 27,2003. I applied for my HIB visa revalidation in Jan 2003 to Dept of state ,St.Louis.
Unknowingly I send the I-102 for extending I-94 to Dept of state. They revalidated the HIB and issued me new HIB visa valid till Jan 2004 and just returned the I-102 form and did not return the $100 money order and no letter also.
Now I am thinking of applying I-102 to BCIS with the proof of my application send to Dept of State. I am just 2 weeks out of status ,but have a reason and proof that I tried to apply earlier when I had valid status but to wrong dept. What are the chances of getting the I-94 extension .Can some one write on this.

Thanks
 
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