I-94 Situation

[Tim Willis]

Here are details of my situation:

1. Went to India on an H1-B visa that was expiring in February 18, 2004
2. I had an H1-B extension case pending with the USCIS which got approved while I was in India (Approval date: January 9, 2004)
3. Approval notice says visa extended till December 2005. (I-94 is attached to the approval notice)
4. I returned to the US on January 18, 2004, I did not have the approval notice with me at the POE.
5. At the port of entry the officer put an expiry date of February 18, 2004 on the I-94

My question is, do I need to file for an H1-B extension again? I guess this comes under what is called ‘Last Action Rule’.

If yes, can I do so on my own, or do I need to do it through an attorney?

 

[jaxen]

Go to the nearest POE with approval and get a new I94. You can also do the same with the local INS office by filing I102.

 

[kd1403]

tim willis:

I concur with jaxen's point and would like to emphasize on the fact that you would be in good standing if you get this taken care or or before 18th February 04.

 

[Tim Willis]

Officer says no action required

I visited the local USCIS office (Dover, Delaware) and explained the whole situation with my I-94.

The officer told me that no action was required in this case. All I need to do is remove the I-94 from my H1-B extension approval and attach it to my passport along with the other I-94.

I have decided not to spend any more time or energy on this matter.

Thanks for the help guys.

Tim