I traveled to my home country in oct 2003 and returned end 31st OCt 2003. At the POE the immigration officer gave me a I-94 based on the validity of my previous employers visa i.e until 3rd week of January 2004. I have a H-1 approval from my current employer until January 2005. The POE officer should have given me a I-94 until jan 2005 but gave me until Jan 2004 which I did not observe. I have now sent my passport to St Louis for revalidation and i became aware of the situation only today.
Now what do you advice. Wait until I get my passport with visa valid until jan 2005? will st. louis issue a visa until 2005 even though the i-94 is expired ?
----- it depends when you sent your passport for visa revalidation, if they find expired I-94 at the time of visa stamp they may not stamp the visa
If st. louis issues a visa can i go out of the country and re-enter to get a new I-94 without any problems ? say canada or bahamas via air?
---- Yes you can do that Or go to POE and get I-94 corrected
I am totally confused right now and worried and I also have to go out of the country for my wedding in May. Please advice ASAP
Please read below:
I-94s Must Be Corrected at Source of Error
According to the American Immigration Lawyers Association (AILA), the
California Service Center (CSC) takes the position that it will only
correct I-94 card errors that it produces. Therefore, if there is an error
made at a Port of Entry (POE), the CSC expects the foreign national to
contact the U.S. Customs and Border Protection (CBP) to have the error
corrected. The CBP recommends taking the I-94 card to the deferred
inspection office that is nearest the foreign national's U.S. address.
As a reminder, it is the expiration date on the I-94 card, and not that
on the visa stamped in the passport, that determines when a person
becomes unlawfully present. It is, accordingly, especially important that
one's most recent I-94 card have the correct expiration date. It is also
important to have the correct date of entry, as the USCIS will
occasionally ask for this information, and the I-94 card is the best proof
available.
The most effective way to avoid undue complications is to check the
I-94 card at the POE. Many people are nervous or excited and forget to
take this extra step at that time. It is much easier, however, to address
the error immediately and at its source. If an error is made, one
should ask the inspector to correct the card. If that fails, one should ask
for a supervisor. A person who discovers an error on his/her I-94 card
after entering the U.S., but who is not sure how to have the I-94 card
corrected, should contact <
http://www.murthy.com/repre.html> an
immigration attorney for advice or assistance to see if and how the matter may
be resolved.
© The Law Office of Sheela Murthy, P.C.
