I-94 wrong date

[brasil2]

Hi,

I have an H1B visa that will expire on June 2005; my wife and kid have the H4 with the same expiry date. On a recent travel out of the country, for some reason, their I-94 got the correct expiry date, but not mine. I have not noticed that, and now it has expired (for 175 days). I cannot get an appointment before the six months expiry date with the office in NYC to get it corrected.
What should I do? Are they going to simply correct the mistake or I will have to leave the country?

Thank you

 

[ginnu]

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