I-94 has expired for 10 months. HELP!!!!!!!!!!!!!!!!!!

W

wzhy70

New Member
I obtained my H-1B Status on Jan, 18 2002. The final approval notice from the INS listed the expiration date Jan 1, 2005.

I went back to China to get married and came back in July 2002. When I enter the O'hare Airport in Chicago, the official saw my passport was expiring on July 2004. She wrote the expiration date on my I-94 Dec 21, 2003.

I renewal my passport last November till 2009. but I did not notice the I-94 expiring.
This month, I m going to renewal my H-1B, I find out the I-94 has expired for 10 months.

What shall I do?????????????????????????

Can I drive pass US/Mexico boarder and fly back to US to reenter US for a new I-94. Will they findout I overstayed for 10 months and bar me for 3-10 years no reenter US?

I am wondering, how can they/INS know I overstayed becaue no one collect I-94 at the US/Mexico boarder.

Or, I should just surrender myself to INS and at their mercy??????
 
wzhy70 said:
I obtained my H-1B Status on Jan, 18 2002. The final approval notice from the INS listed the expiration date Jan 1, 2005.

I went back to China to get married and came back in July 2002. When I enter the O'hare Airport in Chicago, the official saw my passport was expiring on July 2004. She wrote the expiration date on my I-94 Dec 21, 2003.

I renewal my passport last November till 2009. but I did not notice the I-94 expiring.
This month, I m going to renewal my H-1B, I find out the I-94 has expired for 10 months.

What shall I do?????????????????????????

Can I drive pass US/Mexico boarder and fly back to US to reenter US for a new I-94. Will they findout I overstayed for 10 months and bar me for 3-10 years no reenter US?

I am wondering, how can they/INS know I overstayed becaue no one collect I-94 at the US/Mexico boarder.

Or, I should just surrender myself to INS and at their mercy??????
Click to expand...
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Here is MEMO:
To: Regional Directors
Service Center Directors
District Directors
From: William R. Yates /S/
Associate Director for Operations
Date: March 30, 2004
Re: I-94 Errors Issued by U.S. Citizenship and Immigration Services
This memorandum provides guidance for cases in which CIS or Asylum offices issue an I-94
with erroneous information. Should an alien enter a USCIS district office and demonstrate to a CIS
officer that some information on an I-94 issued either by USCIS or an Asylum office is incorrect, the
officer shall provide the alien with a new I-94 with the correct information. Some examples of
errors can be a misspelled name or other data entry error at a Service Center, or, occasionally, an
incorrect date of admission. The officer must be clearly convinced from the alien’s statements and
the evidence presented that the I-94 was in fact issued in error and that neither the original error nor
the proposed correction involve deliberate deception or fraud on the part of the alien. If the officer is
not, the alien should be advised to file Form I-102.
This memo does not cover any I-94s issued by U.S. Customs and Border Protection (CBP).
Should an alien enter a CIS office and ask for a new I-94 based on an I-94 issued at a port-of-entry
or otherwise by CBP, the CIS officer should direct the alien to CBP in accordance with that agency’s
procedures.This change will be incorporated into the Adjudicator’s Field Manual (AFM) in the near
future. Until such time as that change is affected, all officers should adhere to the guidance
contained in this memorandum.
This memorandum is intended solely for guiding USCIS personnel in performance of their
professional duties. It is not intended to be, and may not be relied upon, to create any right or
benefit, substantive or procedural, enforceable at law by any individual or other party in removal
proceedings, in litigation with the United States, or in any other form or manner.
HQOPRD 70/42.10
425 I Street, NW
Washington, DC 20536
 
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