I-94 Issue

S

SREE

Registered Users (C)
Hello All,

I am in the US on a H1B visa. My Visa and my I-94(I-797) are valid till July,2002. My wife\'s I-94 has expired even though she has a H4 visa valid till July,2002. My canadian PR in being processed at the RPC, Buffalo and am expecting the landing papers some time in January,2002. I have the following questions

1. Would my wife face any kind of problem while crossing the border ?
2. Would it be prudent to detach the I-94 from both of our passports before presenting it to the immigration officer ?

I would really appreciate your views on this.

Thank you.
 
No Title

if you have valid H1 visa and approval notice , you dont need to
care about the I-94.
Also if your wife has I-94 expired she is in trouble!, what do you
mean she has an H4 visa ??
 
Well my wife has a valid H4 visa stamp in her passport which is valid till July,2002. But her I-94 has expired.

What kind of problems would I face ? Could you be more specific.

Thank you.
 
No Title

If you are going to land in Canada after your PR then your wife may not have any problems to enter canada as H4 Visa or I-94 are related to INS not Canada immigration. If she has been out of status she will face problems to enter USA from Canada in future.
Why your wife has not valid I-94? She has valid visa H4 till july 2002 she should have I-94 till that date,what is the reason? be clear and something can be done for that.
 
inders99, Please reply

Thank you for your reply and I appreciate your interest in my case.

Please let me try to explain the situation

I was on company A\'s H1B Visa which was valid till Arp\'2000. My wife had applied for a H4 visa at the Madras consulate and had gotten a H4 visa stamp in her passport valid thru Apr\'2000. After some time I had obtained a new H1 from a different employer and I had been given a new I-797 valid thru July\'2002. Please make a note that I have not applied for an H4 extension along with the new H1. The reason being that my wife had planned a short trip to India in Jan\'2000 and would get a new I-94 by showing my new I-797 approval which is valid thru July\'2002. But unfortunately, The officer at the port of entry had over looked and had mistakenly issued an I-94 based on my previous H1 which is valid thru April\'2000.

Around Oct\'2000, I had sent both of our passports and my new I-797 approval document to St.Louis for a Visa revalidation. The visa office had issued a Visa which is valid thru July\'2002 to both of us !!!. Please make a note that my wife\'s I-94 had already expired at this time.

So there you go, A VALID VISA AND AN EXPIRED I-94 ( I still think it is the INS officer\'s fault)

I don\'t know how to deal with this thing, I have approached some good immi lawyers and had gotten various suggestions, but I had thought that the following ones make sense.

( I am quoting these ...)

1. Since my wife had a valid visa, she could be issued an I-94 based on my new I-797 (which is valid thru July\'2002) Next time she travles to India. (Hmmm.... risky one, but sounds technical)
2. Since I had applied for my Labor Certification and have met the 245(i) Law requirements, I can pay $1000 fine for my wife at the time of I-485. But only GOD could tell me when I would reach that stage and My wife can\'t travel to India until such time.

Well there you have it my friend. My 6 year limit is fast approaching (July\'2002) and have applied for Canadian PR and am expecting my Landing papers in Jan\'2002.

Can any thing be done to get a valid I-94 for my wife ?

Do you think my wife would face any kind of problem crossing the border, If I have decided to go to Canada ?

Thank you for your time reading this rather lengthy material.
 
No Title

. Since your wife had a valid visa, she could be issued an I-94 based on my new I-797 (which is valid thru July\'2002) Next time she travles to India. it is correct.She will get New I-94 when she enters USA next time with Valid Visa
( I could not understand how her Passport was Stamped with US ViSa by DEPARTMENT as they also ask for I-94) In your Wife case it is the mistake of INS officer. One of My friend had Valid H1B till 2003 but at Newark NJ airport he was given I-94 till 2001 December, when he checked this mistake he took the help of immgrant Lawyer and some form was filed and some fees was paid He got New I-94 Valid till 2003 in 20 days from VSC.
 the other thing you can do is go to Canada and Canada border will not ask for her I-94 it is Us INS matter, when you come back to US from Canasda come by Flight and at US airport she will be given New I-94 she should NOT stand in the line of GreenCard or Citizen of US.
Good Luck!!
 
h-4

have tried to get any idea from the lawyer about h-4 extension based on your h-1? with the extension, you\'ll get a new i-94 and you alredy have a visa stamped in your passport. you\'ll be all set! (the extension may take a little longer if not filed along with the h-1)
 
H4 Extension

If He files Now for H4 Extension by Submiting form I-539 it will take 4-6 Months to get the Extension approval and if her wife leaves US when extension is pending it will be treated as abondended.If he wishes he can file for her H4 extension.
 
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