I-94 extension - help

K

ksb

Registered Users (C)
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
 
KSB...

Let me know what is the exiration date of the LATEST I-94 issued to you ( white card at border or green colored stub attached to H1 approval notice )...looks like you are not out of status at all.
How can you get a visa from St louis until Jan 2004 if you cant show them an H1 approval notice that is not valid until then ?
 
tt tt,

Thanks for your reply,
Actually I have used the I-94 which came with the I-797 (the bottom portion)when I went out the country last year. While returning back I had old employers visa stamping in passport with expiry date of Feb 27,2003. I had my current employers I-797 with me and told the immigration officer about that. But he gave me I-94 seeing visa in passport.

As I said earlier I had mistakenly send the I-102 to Dept of state and now I am 15 days out of status. If I send the I-102 to BCIS now explaining what happened will they accept my I-102 for processing
 
For I-94 problems...

the best way to do it is to get it corrected right away..within a day or two of your entry to the USA by going back to the POE airport.
Your problem is due to the INS's fault...they have to issue an I-94 that is valid not upto the visa limit but upto the latest I-797 approval notice validity..check murthy.com if you want to cross check.
But in your situation..you cannot get a new I-94 from the INS by mail...try going to the local INS office and try to explain your situation...get advice from a lawer first..I dont want you to walk into the INS office and announce they you are out of status...
Easy (expensive way out ) if you live near the canadian border or the mexican border..get out of the USA..submit the I-94 on the way out...you have got a new visa that is valid until next year...get yourself a new I-94 on the way back in. The canadian and mexican border rules are still so lax..I entered and exited from canada to USA over 6 times and yet did not get a single stamp from either side or a I-94 or any stamp that I was leaving/entering either country...
Ideally even a single day of overstay of I-94 is bad..in your caseyou can prove that you had no intention of messing with the law..after all you got your visa extended and you always had valid work permission..but act fast to get a new I-94 before your illegal stay in days becomes months..and gets noticed.
Dont try to fly around the country in this situation.
 
Related question

My first three year term H1b expires May 2003. My company filed for the second three year extension in Dec 2002, but I believe the processing time is about 5 - 6 months for my svc centre (work in NY).

* What is my status if I do not get my approval notice before my visa and I-97 expires?

* Do I have to leave the country if I do not get the approval before current visa expires?

* Am I allowed to work for my employer between the time it expires and I get the approval notice on the extension?

Thanks
 
You are good in all cases.

1) You H1 application is pending...so you are not out of status at all.
2)No need to leave..You are ok.
3) Yes you can work..just treat it as if you had changed your job to another employer just after filing your H1 transfer..keep the recipt notice of your new H1 applciation to prove that you are not illegally beyond your valid I-94 limit.
 
Re: You are good in all cases.

Phew! Thanks tt tt!

Originally posted by tt tt
1) You H1 application is pending...so you are not out of status at all.
2)No need to leave..You are ok.
3) Yes you can work..just treat it as if you had changed your job to another employer just after filing your H1 transfer..keep the recipt notice of your new H1 applciation to prove that you are not illegally beyond your valid I-94 limit.
Click to expand...
 
You must log in or register to reply here.
Top