I-94 expired -- any problem??

4

485sub

Registered Users (C)
Hello friends!!

I am a veteran here, my old userid was sub485. I had posted many msgs in the old website but none in this new site.

I have a question:

my RD:10/1/01 ND:11/21/01 FP: 3/6/02

My I-94(H1) expired on 8/22/02. It has been almost 4 yrs since I went out of US. I have my EAD(valid until 11/29/02) but am working on my H1 presently.

I am expecting a decision(hopefully approval) on my case in a month. Will the expired I-94 pose me any problem - in case of RFE or interview or stamping(after approval)?

My friend has the same problem but he is working on his EAD -- is he ok??

Any answers will be appreciated, especially from guys who finished stamping.
 
I dont think, it is a problem for you...As long as u have ur Valid EAD..that is fine...One of my friend was there like that...on EAD...his I94 expired 6 months back...He got approval Aug 1st week...when He went for the Stamping..they did not asked anything...My case is also like that..My I94 is expiring this month..I am expecting my approval anytime now..
 
NOT At all

I recently went to Baltimore for adjustment interview
and had an expired I-94. June 2002.
I had an EAd and was working on EAD though.
But the officer did not ask any questions at all.
He took the I-94 and other documents. No questions
asked at all. Hope this helps
 
Same here... Please Reply..

I have the same problem here.I posted it a coupel of days back but i guess there was only one reply.

My wife's 94 also expired in Nov 2000 but her ead is valid until 25 Nov 02 & her visa is valid until Nov 03.

Our Rd is 9/10/02 , so will she be having any problems if she goes for stamping after approval?

Is it better to go go out of the country & get a new I94?
Gurus please advise. We need ur help.
Thanks,
Gc sep 10
RD 9/10/01
 
Any more takers?

Other points to consider in my case are my "H1 visa" expired on 8/22/02 and I am the primary applicant. :(
 
Re: Any more takers?

Originally posted by 485sub
Other points to consider in my case are my "H1 visa" expired on 8/22/02 and I am the primary applicant. :(
Click to expand...

If your H1 expired, there are one of two things you could be working on, either an EAD or a renewed H1. If you're working on an EAD you don't need to worry about the I-94. An EAD is an authorization to work (and live) in the US, but not to enter the US. If you have renewed your H1, the I-797 Approval Notice will contain the new I-94 stub at the bottom.

A lot of people confuse these different immigration documents:
The visa stamped in the passport just allows the bearer to ENTER the US.
The I-94 card/stub allows the bearer to STAY in the US for the period specified by the immigration officer, typically, it'll say 'D/S' which means 'Duration of Status' as mentioned on your approved visa petition (I-797 Approval Notice).
The I-797 Approval Notice (this could be for any visa type F, H, L, etc.) is an authorization document to enable the bearer obtain a (single or multiple) entry visa stamped in the passport. It typically also has the I-94 stub at the bottom.

gcsep10, you seem to be all confused. I had replied to your similar query on another thread http://boards.immigrationportal.com/showthread.php?threadid=59043.

If you have a valid EAD or a valid H1, I don't think you guys should have any issues either for passport stamping or for getting a license at the DMV. It's always safe to keep your 485 Receipt Notice with you and show it to the authorities when required. The Receipt Notice and your EAD are the only proof you have that you have applied for adjustment of status and are allowed to work in the US, respectively.

Hope that clears some doubts.
 
Last edited by a moderator:
I-94 Expiry will not have any problems...

As long as you have a Valid 797 document which states your Extended Visa and date of validity.

I have not travelled out of USA for 6 years now, and iam waiting for approval.

Pls do not go to Canada or Mexico for H1 visa extension. They are nowdays refusing to extend visa's at these entry points. You can go out but you cannot come back in. They will direct you back to the Country of origin....No Kidding!

Good luck!

Luv
-Roma
 
mavishka this is for u..

I am not at all confused. .. but just that my case is not similar to others.....We did not apply for any 797 form for my wife but she got her passport stamped with valid h4 until Nov 03 ...I have my H1 renewed until Nov 02 & i applied for 797 form...Iused the bottom of this as my new I94.... I showed the same at DMV office but had no problems. ... But my wife had since her 94 expired & she does not have any new 94 attached to her 797....So right now she has only expired 94... So my concern is will she have any problems during the time of stamping???
Anybody please share their opinions.
Thanks,
Gcsep10,
ND 9/10/01.
 
Re: mavishka this is for u..

Originally posted by gcsep10
I am not at all confused. .. but just that my case is not similar to others.....We did not apply for any 797 form for my wife but she got her passport stamped with valid h4 until Nov 03 ...I have my H1 renewed until Nov 02 & i applied for 797 form...Iused the bottom of this as my new I94.... I showed the same at DMV office but had no problems. ... But my wife had since her 94 expired & she does not have any new 94 attached to her 797....So right now she has only expired 94... So my concern is will she have any problems during the time of stamping???
Anybody please share their opinions.
Thanks,
Gcsep10,
ND 9/10/01.
Click to expand...

There you go again. One doesn't apply for a Form 797, it's the Approval Notice that one receives for any type of application. If she got her passport stamped till Nov 2003 she must be having a I-797 Approval Notice for her H4 that will show an expiry date of Nov 2003. This 797 should have an I-94 stub at the bottom that will be valid till Nov 2003. I don't understand how your wife's H4 has an expiry date beyond your H1 (Nov 2002). Usually, the H4 expiry date is tied in with the H1 expiry date.
 
You must log in or register to reply here.
Top