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Jharkhandi

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Just recd my PP after H1B revalidation. This is my first time revalidation - I need some information.

A. In my PP I got new I-94 which has no date - DC ppl did not put one either. (There was none when my laywer sent it to me.)

B. In my wife's PP - there is no new I-94.

Is it normal?
 
Dude,

In the passport, they only stamp the visa.

See the right corner on the bottom of the h1b/h4 approval. That is your i-94.

Meow
 
Yo it has no date (H1b approval).

What is H4 approval?

I am in US with a valid Passport valid visa and I-94 without date. (Ofcourse I have last I-94, which has a date of Sept 2003).

My wife has only last I-94(till Sept 2003).

Both visas are till Feb 2005.
 
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I have replied to you also in other thread where you posted.
** Total confusion!! did you got H1 extension from BCIS or sent the passport to DOS for Visa stamp revalidation. Only DOS revalidate Visa stamp and BCIS extend and approve H1, H4 status they don’t stamp Visa stickers. What you did? Visa revalidation is different and Extension of Status is different don’t mix Ramayana in Mahabharta
I have got I-94 but without any date on it.
--- When did you got this I-94? If that I-94 came with H1 extension approval notice from BCIS and was attached with your H1 approval notice lower Right side then it is OK it will have only receipt# printed on it AND Left lower position has the expiry date
My wife is on H4 visa and so she never got another I-94. What are we supposed to do?
---- did you apply for her H4 Status extension with form I-538 with BCIS? What is the expiry date of her I-94 that is based on H4 , tell us the date of I-94 expiry of your wife, go home see her I-94
------------------
Yo it has no date (H1b approval).
---- do you mean your H1 approval has no date? Or your H1 Visa stamp has no date

What is H4 approval?
----- Suppose your spouse Hema Malini came to US on H4 visa and her H4 visa stamp in her passport is valid till 2nd December 2003 date then when she enter US she got white I-94 till the date she had H4 visa stamp in her passport till2nd December 2003. If she stays in US after December 2003 she needs her H4 extension to be filed with BCIS before her I-94 expires. If she does not file then stays in US with expired I-94 then she is illegal in US.
I am in US with a valid Passport valid visa and I-94 without date. (Ofcourse I have last I-94, which has a date of Sept 2003).
----- don’t you have any new I-94 that you got with H1 extension approval notice? If you don’t have then you are out of status as your I-94 expired in September 2003 and you are illegal in US
My wife has only last I-94(till Sept 2003).
---- If H4 extension not filed for her then she is illegal in US and if she stays more than 180 days she will not get any visa for US and 3/10 bar will start

Both visas are till Feb 2005.
---- Do you mean Visa stickers stamped in passport are valid till 2005? Or you both have H1b and H4 approval notices received from BCIS valid till 2005? If you have H1 and H4 approval notices then see the lower RIGHT side it has I-94 attached, if that is true and both of you have extended I-94 attached then no problem you both are OK
 
Ginnu,

>>I have replied to you also in other thread where you posted.
>>** Total confusion!! did you got H1 extension from BCIS or >>sent the passport to DOS for Visa stamp revalidation. Only >>DOS revalidate Visa stamp and BCIS extend and approve H1, >>H4 status they don’t stamp Visa stickers. What you did? Visa >>revalidation is different and Extension of Status is different >>don’t mix Ramayana in Mahabharta

I got my second H1B approval from company B in 2002 Jan. I was with company A till that time. My passport had first H1b valid until Sept 2003, which is the date on I-94. I joined B and kept my I-797 along with Passport and Visa.



>>I have got I-94 but without any date on it.
>>--- When did you got this I-94? If that I-94 came with H1 >>extension approval notice from BCIS and was attached with >>your H1 approval notice lower Right side then it is OK it will >>have only receipt# printed on it AND Left lower position has >>the expiry date

I got this I-94 from H1B extension approval notice. It is a card with I-797(right hand side), but has no date. Only my name and DOB is there.


>>My wife is on H4 visa and so she never got another I-94. What >>are we supposed to do?
>>---- did you apply for her H4 Status extension with form I-538 >>with BCIS? What is the expiry date of her I-94 that is based on >>H4 , tell us the date of I-94 expiry of your wife, go home see >>her I-94

I sent her PP along with mine for revalidation. Is she supposed to get another I-94?


>>------------------
>>Yo it has no date (H1b approval).
>>---- do you mean your H1 approval has no date? Or your H1 >>Visa stamp has no date

H1 approval has date on it.

>>What is H4 approval?
>>----- Suppose your spouse Hema Malini came to US on H4 visa >>and her H4 visa stamp in her passport is valid till 2nd >>December 2003 date then when she enter US she got white I->>94 till the date she had H4 visa stamp in her passport till2nd >>December 2003. If she stays in US after December 2003 she >>needs her H4 extension to be filed with BCIS before her I-94 >>expires. If she does not file then stays in US with expired I-94 >>then she is illegal in US.

But now she has visa till 2005 and original I-94 has elapsed, what is her status?

>>I am in US with a valid Passport valid visa and I-94 without >>date. (Ofcourse I have last I-94, which has a date of Sept >>2003).
>>----- don’t you have any new I-94 that you got with H1 >>extension approval notice? If you don’t have then you are out >>of status as your I-94 expired in September 2003 and you are >>illegal in US

Two opinions:

Called DC - they said I am legal.
My Friend - It maybe illegal.

Am I suppossed to get another I-94 or is my wife supposed to get one? Never read someone applied for same though.


>>My wife has only last I-94(till Sept 2003).
>>---- If H4 extension not filed for her then she is illegal in US >>and if she stays more than 180 days she will not get any visa >>for US and 3/10 bar will start


What is 3/10 bar?

>>Both visas are till Feb 2005.
>>---- Do you mean Visa stickers stamped in passport are valid >>till 2005? Or you both have H1b and H4 approval notices >>received from BCIS valid till 2005? If you have H1 and H4 >>approval notices then see the lower RIGHT side it has I-94 >>attached, if that is true and both of you have extended I-94 >>attached then no problem you both are OK

Revalidated visa stickers stamped in both passports is valid till Feb 2005. I have 2 I-94s: one when I entered USA - valid till Sept 2003 and another which came with 797 of my present company. The second one has no date on it. My wife has only one I-94, whoich she got when she entered USA - valid till Sept 2003. Her PP has valid H4 stamp till Feb 2005.

Please guide me and make it Yaksha-Yudhisthir varta - full of materials. Ramayan and Mahabharata are very long.

:)
 
Check out your latest H-1 B and your wife's H-4 approval notices. You had to send these for revalidation too. These might have the dates of validity in the top portion. Based upon that the DOS has stamped both of your passports until Feb 2005. If so, then you are in valid status and do not have to loose sleep over this.
 
>>I have replied to you also in other thread where you posted.
>>** Total confusion!! did you got H1 extension from BCIS or >>sent the passport to DOS for Visa stamp revalidation. Only >>DOS revalidate Visa stamp and BCIS extend and approve H1, >>H4 status they don’t stamp Visa stickers. What you did? Visa >>revalidation is different and Extension of Status is different >>don’t mix Ramayana in Mahabharta

I got my second H1B approval from company B in 2002 Jan. I was with company A till that time. My passport had first H1b valid until Sept 2003, which is the date on I-94. I joined B and kept my I-797 along with Passport and Visa.



>>I have got I-94 but without any date on it.
>>--- When did you got this I-94? If that I-94 came with H1 >>extension approval notice from BCIS and was attached with >>your H1 approval notice lower Right side then it is OK it will >>have only receipt# printed on it AND Left lower position has >>the expiry date

I got this I-94 from H1B extension approval notice. It is a card with I-797(right hand side), but has no date. Only my name and DOB is there.
------------- That is your current valid I-94, it has name DOB and EACXXXXXXX or LINXXXXXXX or WAC XXXXXXXXX. That is your current Valid I-94 and lower Left side has expiry date. No need to worry all get the extended I-94 like that only and you can check that the new_94 will be having the same # as your expired I-94 both 3 will match.

>>My wife is on H4 visa and so she never got another I-94. What >>are we supposed to do?
>>---- did you apply for her H4 Status extension with form I-538 >>with BCIS? What is the expiry date of her I-94 that is based on >>H4 , tell us the date of I-94 expiry of your wife, go home see >>her I-94

I sent her PP along with mine for revalidation. Is she supposed to get another I-94?
----------- What is her latest I-94? Did you also apply for her H4 extension with BCIS? Check her I-94 date

>>------------------
>>Yo it has no date (H1b approval).
>>---- do you mean your H1 approval has no date? Or your H1 >>Visa stamp has no date

H1 approval has date on it.

>>What is H4 approval?
>>----- Suppose your spouse Hema Malini came to US on H4 visa >>and her H4 visa stamp in her passport is valid till 2nd >>December 2003 date then when she enter US she got white I->>94 till the date she had H4 visa stamp in her passport till2nd >>December 2003. If she stays in US after December 2003 she >>needs her H4 extension to be filed with BCIS before her I-94 >>expires. If she does not file then stays in US with expired I-94 >>then she is illegal in US.

But now she has visa till 2005 and original I-94 has elapsed, what is her status?
----- Visa stamp is only to Enter USA, IF her I-94 has been expired she is staying illegally in US.
>>I am in US with a valid Passport valid visa and I-94 without >>date. (Ofcourse I have last I-94, which has a date of Sept >>2003).
>>----- don’t you have any new I-94 that you got with H1 >>extension approval notice? If you don’t have then you are out >>of status as your I-94 expired in September 2003 and you are >>illegal in US

Two opinions:

Called DC - they said I am legal.
My Friend - It maybe illegal.

Am I suppossed to get another I-94 or is my wife supposed to get one? Never read someone applied for same though.
------ if your I-94 is attached with your H1b extension, then your I-94 is valid till the date of H1 approval date and Check lower Left side of approval it says valid from to

-------------- If you did not file for your wife H4 extension before her I-94 expired with BCIS then she is illegal if her I-94 has expired

>>My wife has only last I-94(till Sept 2003).
>>---- If H4 extension not filed for her then she is illegal in US >>and if she stays more than 180 days she will not get any visa >>for US and 3/10 bar will start


What is 3/10 bar?
----------------- if one stays more than 180 days from the date I-94 expires then one can not get any visa for US for 3 years and if one stays illegal with more than 1 year then cannot get any Visa for 10 year or can not enter Us for 10 years. Best option for you is take all your papers and your wife all the papers, notices, I-94, Passport to good lawyer and seek legal advice
>>Both visas are till Feb 2005.
>>---- Do you mean Visa stickers stamped in passport are valid >>till 2005? Or you both have H1b and H4 approval notices >>received from BCIS valid till 2005? If you have H1 and H4 >>approval notices then see the lower RIGHT side it has I-94 >>attached, if that is true and both of you have extended I-94 >>attached then no problem you both are OK

Revalidated visa stickers stamped in both passports is valid till Feb 2005. I have 2 I-94s: one when I entered USA - valid till Sept 2003 and another which came with 797 of my present company.
The second one has no date on it.
------------------ The second one will have no date on it, it is the lower right side of your H1 extension approval but if you check lower left side of H1 approval you will notice the expiry date of I-94
My wife has only one I-94, whoich she got when she entered USA - valid till Sept 2003. Her PP has valid H4 stamp till Feb 2005.
----------- It means you never applied for her H4 Status extension with BCIS before her I-94 expiry date. You only transferred YOUR H1b and got extended you never filed her H4 extension with BCIS with form I-539 before her I-94 expired. Visa is only for travel or entry to US, VISA stamp and Status are two different matters, if she did not have valid I-94 she is staying in US illegally.
 
HI jinuu,
Looks like jarkhandi applied for his visa revalidation and his wife revalidation with out her H4 I-797 . But still State Department approved thier visa depends on his I-797 approval notice and stamped till FEB2005.

solution .. I dont know howfar this works.. Ginnu and other seniours has to comment ..
As he and his wife already having the visas till FEB 2005 .. If they leave the country now and enter they will get a new I-94 at the POE .. Right ..so their problems are solved .. they can either go to mexico or vancouver..

comments ..
 
As he and his wife already having the visas till FEB 2005 .. If they leave the country now and enter they will get a new I-94 at the POE .. Right ..

---- That is correct
so their problems are solved .. they can either go to mexico or vancouver..
------ They can go to any border post in Mexico, Toronto, Niagara falls (Peace Bridge) or Rainbow bridge Niagara; they should surrender I-94 at the time of exit to Canada (Canada immigration is Not going to ask for I-94) and should get newI-94 at the time of entry to US. I think Jharkhndi has no problem he has valid I-94 that he got when he extended H1 and he is just confused because he does not find expiry date on I-94 He does not know it is the same way all get AND Right side lower portion of H1 extension will have his I-94 expiry date.
I suspect his wife H4 I-94 is expired and he did not get H4 STATUS extended by filling I-539 form with BCIS. She should immediately go out of US and when re-enter get new I-94 at POE as she has valid visa in her passport. Jharkhandi is confused and does not understand difference between STATUS and Visa stamp. He should take all approval notices, I-94 for her wife to lawyer.
 
So by this .. Does STATEDEPT issues H4 visa with out H4 I-797 ???
If they apply along with the original applicant ??
Hmm..Confuses sometimes..Then why do a H4 need to file I-539 incase they want to leave the country and reenter again ????


Comments !!!!
 
Ginnu/kishuibm/Debasis Chakrabarti,

Yes I have the I-94 with date stamped.

I had overlooked the left side of the bottom of approved I-797 as it was written - "For your personal records". I had kept it in one of the files and today I saw it. Is this what you meant?

As for my wife's I-94 - I am still clueless. She got her visa extension based on my H1b approval. I sent both PP together - no additional paperwork apart from that! Now guide me. Her vnewly stamoed visa is valid till Feb 2005.

P.S. Ginnu, it is tough to read you reply. Can you use color or Bold please(for your reply), whenever you quote. It helpsin differentiating easily. Thanks in advance(no offence meant - you are invaluable.) :)

Also what do ppl mean when they say H4 approval?
 
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H4 approval means >>>
when you change company and when you transfer you h1 .. The company has to apply for your wife H4 extension also .. they will file I-539 . But your wife also get a H4 approval same like H4 -I-797 like yours..
Did you get that one???

2)how did you sent your and your wife passports to Stlouis..
Did you have your wife approval or with out that .. just with I-797 you sent it or what
3)As your wife I-94 expired on sep .. She is outof status .. though you have stamps on your passport..
you just goout of country immeidiately and while coming back take new I-94 ..Then your status will be straight..
If you have Any Questions let us know...
 
Jharkhandi
You messed up everything with out looking at the H1 approval notice and now you discovered that you have your I-94 valid whose mistake is this? By overlooking this you got confused and confused many

Now let me know:

1 What is the date of expiry on your wife I-94?

2Till what date her Visa stamped in passport is valid?

3 Did you or lawyer filed Form I-539 for her H4 extension approval with BCIS

4 Did she have any H4 approval notice from BCIS AFTER her last entry to US?

5 when she last entered in US?

6 Where are you staying in US?

Write information clearly and if you mess up and if I don’t understand your situation don’t expect any reply from me and go straight to lawyer or go to Lallu Parsad Yadav
 
1 What is the date of expiry on your wife I-94?

Oct 10, 2003.

2Till what date her Visa stamped in passport is valid?

Feb 2005

3 Did you or lawyer filed Form I-539 for her H4 extension approval with BCIS

No. Lawyer did not do it. I did not know. Can I file now? (She has got it extended already)

4 Did she have any H4 approval notice from BCIS AFTER her last entry to US?

No she got H4 stamped in Delhi and never applied for her H4 here.

5 when she last entered in US?

Sept 01, 2001.

6 Where are you staying in US?

New Jersey.

Write information clearly and if you mess up and if I don’t understand your situation don’t expect any reply from me and go straight to lawyer or go to Lallu Parsad Yadav

Lallu Bhaiya will give me award if it is illegal - ask me to join Fodder Scam. Lawyers would make money anyway.
 
1 What is the date of expiry on your wife I-94?

Oct 10, 2003.

------------------- Your wife is out of status and staying illegally in US, the day her I-94 expired she became out of status

2 Till what date her Visa stamped in passport is valid?

Feb 2005
---------------- She has only VISA stamp valid till 2005 Visa stamp in passport is not status in US is governed by I-94 validity
3 Did you or lawyer filed Form I-539 for her H4 extension approval with BCIS

No. Lawyer did not do it. I did not know. Can I file now? (She has got it extended already)
---------------- it means your lawyer or you never filed H4 extension of her status in US with BCIS through form I-539 and paying the BCIS fee $140 lawyer will NOT file if you don’t tell him to extend your spouse H4 status as he does not get dreams that your wife I-94 is going to expire, she only got VISA stamp extended in passport and it does NOT extend her H4 STATUS, Visa stamp is just for travel not for stay, she needs new I-94 for stay. Your wife became out of Status on Oct 10, 2003.
4 Did she have any H4 approval notice from BCIS AFTER her last entry to US?
------------------- How she can have if she or your lawyer never applied her H4 extension with BCIS Vermont service center as you stay in NJ
No she got H4 stamped in Delhi and never applied for her H4 here.
---- Dear she is out of Status
5 when she last entered in US?

Sept 01, 2001.

6 Where are you staying in US?

New Jersey.

**** As of today your wife is out of status for 39 days in US. If you file now for her H4 extension then BCIS May reject it as BCIS or USCIS has Zero Tolerance policy at this time and you will come to know it after 3-5 months and then all the time she stayed will be counted as out of status and if she is present out of status or illegal in US more than 180 days then 3/10 year bar will start.
You have only 2 options:
1 Send your wife to India ASAP then she can enter US after some vacations and will get new I-94 at POE when she enters US.
2 AS you are staying in NJ, apply for Canada Visitor Visa for both of you, Canadian consulate is on 7 avenue NYC, you need your employer letter, your passports, recent pay stubs and pay the fees, send both the passports or go to Canada consulate they issue Visitor visa same day tell them you want to see Niagara fall from Canada side. If you are issued visitor visa for you and your wife then drive to Niagara falls NY. Stay in motel/hotel NY side and cross in to Canada through Rainbow bridge or peace bridge on foot or by car, you will face Canada immigration they will NOT ask you to surrender your I-94 but you gave them your all the I-94 and your wife expired I-94. Then make a U turn and again enter US side you will face US immigration officer, show him your passport and your wife passport with Visa stamp pages, the officer will give new I-94 to both of you (he may charge$ 6 per person) and you both will get new I-94 till the validity of your Visa stamps in your passports. Once you are back don’t forget to send me sweets (I will pay for it), buy from Oak tree road I will give you the address.
Good luck!!!
 
Bingo !!Jharkhandi!!!
YOu Got a wonderful Answer from GINNU..
AS ginnu Said you have to do this immediately ..As holidays are approaching ..This is a good idea to visit canada ..
Wonderful answer given by ginnu ..
 
Do you know of anyone who has done it like this - going to Canada and getting new I94 if the original has elapsed? Talked to one of my friends and he said they create problems if your I94 is over. Perhaps my wife has to go to India.

Ginnu could you send me your telephone number.
 
Do you know of anyone who has done it like this - going to Canada and getting new I94 if the original has elapsed?
---Many have done this and doing, it is like same going to India and you surrender your I-94 before leaving US and get new I-94 when you re-enter
Talked to one of my friends and he said they create problems if your I94 is over.
------ I think your friend it totally giving you wrong info, when you are out of US you don’t have I-94. Ask him do you have I-94 when you are out of US? You get newI-94 when you enter by border post or by Airport in US. Why don’t you ask the many questions to your friend? Why did not your friend inform you that your wife is out of status and staying illegal? Do you keep these friends?
Perhaps my wife has to go to India.
------- I don’t believe your friend If still in confusion send your wife to India ASAP and she should keep the Airline boarding passes with her as proof that she left US on particular date (show only if asked) when she goes for H4 visa stamp in India.
FYI Canadian Consulate in NYC is on Avenue of Americas (I think it is 5th avenue
 
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