I-94 related question: Please help

H

hgc

Registered Users (C)
My H1B is expiring in Mar'05 and my I94 is valid only until Jan'05. INS at POE gave it until Jan'05, I don't know why!

Last time when I was crossing border, I asked Immigration Officer to give me new I94 valid until Mar'05 but he was like he won't give me new I94 and said its not required. You should have valid visa.

Now I have few questions:

1. If I have valid visa until Mar'05 but my I94 expires on Jan'05, is there a problem?

2. If I have to renew my I94, what is the process?

Sorry for posting this on wrong forum, but members are more experienced here.

Thanks for replying..!
 
hgc,

1. If I have valid visa until Mar'05 but my I94 expires on Jan'05, is there a problem?

The date on I-94 is primary for legal status to stay in this country. However, if you apply for H1 renewal before it expires, you are ok. You will get another valid I-94 with renewed H1.


2. If I have to renew my I-94, what is the process?
See above answer.
 
hgc said:
My H1B is expiring in Mar'05 and my I94 is valid only until Jan'05. INS at POE gave it until Jan'05, I don't know why!

Last time when I was crossing border, I asked Immigration Officer to give me new I94 valid until Mar'05 but he was like he won't give me new I94 and said its not required. You should have valid visa.

Now I have few questions:

1. If I have valid visa until Mar'05 but my I94 expires on Jan'05, is there a problem?

2. If I have to renew my I94, what is the process?

Sorry for posting this on wrong forum, but members are more experienced here.

Thanks for replying..!
Click to expand...
You must have a valid I-94 at all time.

It happened to one my colleagues in 2000. He went to local airport (Washington – Dulles) and got new I -94 until validity of his H1 validity.

You can try to get it by visiting local International airport. Carry all H1 documents and a letter from the employer. You may also get an appointment with the officer. This can be done any time before expiring I-94. Better to act fast for further action.
 
benarasibabu

thanks guys for replying.

I had I-94 that came with xtension approval notice and that was valid until Mar'05. One time when I was coming back from Canada, an Immigration Officer took behaved rude and sent me all the way to fill I-94 card, even though my stay in canada was only 4 days. And on top of it, the officer gave me new card valid until Jan'05. That time I didn't notice. The officer took the I-94 from approval notice and kept it.

Also, last week when I came from Canada, I told them that my I-94 is expiring in Jan and my visa is valid until Mar. The officer told me that it doesn't matter, what you need to enter country is visa and I-94 is just for your records. It doesn't matter much. I pressed him to give me new I-94 but it was no help.

I am going to meet IIO sometime first week of dec to find out all possibilities.

Thanks
 
Last edited by a moderator:
venkat04 said:
You must have a valid I-94 at all time.

It happened to one my colleagues in 2000. He went to local airport (Washington – Dulles) and got new I -94 until validity of his H1 validity.

You can try to get it by visiting local International airport. Carry all H1 documents and a letter from the employer. You may also get an appointment with the officer. This can be done any time before expiring I-94. Better to act fast for further action.
Click to expand...
This is possible. I also know about one case where the POE offcer let the spouse in on F1 dependent VISA and later they corrected to H4. Follow same route ( both visas were valid :) )
 
hgc said:
My H1B is expiring in Mar'05 and my I94 is valid only until Jan'05. INS at POE gave it until Jan'05, I don't know why!

Last time when I was crossing border, I asked Immigration Officer to give me new I94 valid until Mar'05 but he was like he won't give me new I94 and said its not required. You should have valid visa.

Now I have few questions:

1. If I have valid visa until Mar'05 but my I94 expires on Jan'05, is there a problem?

There is no problem as long as you have an application for AOS pending. I am in a similar situation, my H1B visa expired on Sep 30th, together with my I-94. This is exactly the question I posed to my lawyer.


2. If I have to renew my I94, what is the process?

Don't have to renew anything.


Sorry for posting this on wrong forum, but members are more experienced here.

Thanks for replying..!
Click to expand...
 
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