Help! I-140 approved, but I-94 expired.

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pdlj1

Registered Users (C)
My wife's I-140 petition was approved (under Outstanding Professors/Researcher catagory) and just as we're about to file I-485 for permanent residency, our attorney found out that my I-94 expired 18 months ago. It turned out that when I entered US with an H-4 visa last time to join my wife, the immigration officer put an expriation date that was less than three months from the entry date for some reason. We didn't realize this until now. Questions:
(1) Is there anybody else with similar experience? Was the problem fixed? How?
(2) Should we go ahead to file I-485 and try to fix the problem at the same time? Or should we wait until we fix the problem?

Many thanks.
pdlj1
 
Thanks a lot. But 245i is for those out of status for less tha 180 days...

Originally posted by Upstate_NY
You seem to be in great mess! It is every non-immigrant's responsibility to make sure of the I-94 expiration date. It is the I-94 date that determines one's authorized stay in the US.

You will be denied entry if you leave the US for any reason. Check with the attorney and file a 245i petition.

Hope all goes well.

Read http://www.immigration.gov/graphics/publicaffairs/advisories/advisory.htm Q6
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You need to find out WHY the border official put that date and if it was correct. If it was correct, you have a serious problem. If it was incorrect you still have a serious problem but it probably can be fixed.
 
Thanks, Jim. I was given an I-94 that matched the VISA EXPIRATION DATE instead of the expiration date of H1B1 approval. I read that there are occassionally such mistakes. But I don't know if it could be fixed...

Originally posted by Jim Mills
You need to find out WHY the border official put that date and if it was correct. If it was correct, you have a serious problem. If it was incorrect you still have a serious problem but it probably can be fixed.
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i don't think it was mistake, one of my friend's wife also got 3 month visa when enter into usa, but then he has to file extention after comming to usa.

I am not expert, but best bet would be go ahead with I-485 filing with good lawyer and not wait till this get fixed. youmight get away with out of status issue as your wife is principle applicant.

In any case don't leave usa before get fixed, otherwise you will face 3/10 year bar when you reneter or apply for visa outside usa.

I hope this helps.

Jb


Originally posted by pdlj1
Thanks, Jim. I was given an I-94 that matched the VISA EXPIRATION DATE instead of the expiration date of H1B1 approval. I read that there are occassionally such mistakes. But I don't know if it could be fixed...
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I just did some research online and found that sometimes officials at the POE indeed mistakenly give out an I-94 that matches the visa expiration date. It unfortunately happened to me. (So what I got was only good for 85 days...) Hope this can get fixed. Thanks a lot.

Originally posted by jbm
i don't think it was mistake, one of my friend's wife also got 3 month visa when enter into usa, but then he has to file extention after comming to usa.

I am not expert, but best bet would be go ahead with I-485 filing with good lawyer and not wait till this get fixed. youmight get away with out of status issue as your wife is principle applicant.

In any case don't leave usa before get fixed, otherwise you will face 3/10 year bar when you reneter or apply for visa outside usa.

I hope this helps.

Jb
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Michael Aytes (INS Assistant Commissioner) wrote a memo a few years ago that addressed this situation. Get a copy of the memo from your attorney and go back to the port of entry and have them correct the error (they'll issue another I-94 with the correct validity date). If they refuse, you need to go to the district office with jurisdiction over the port of entry and they will correct the error. You need to discuss this with your attorney in detail since you do not want to be taken into custody when you show up with an expired I-94. Times have changed.
 
PDL...,
I had the same situation . Then I approached the tulsalaw.com and got it fixed before i filed my 485. You can use the 245i law but you have to have your labor filed before april 30 2001. If your labor filed before that date you can file under 245i.
If not you better fight and fix your I94 before you file for 485.
 
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