Need Help Please Advise !

G

gcsep10

Registered Users (C)
Hi all,

My wife's 94 expired in Nov 2000 but she has her visa until nov 2003. There was some miscommunication and the employer and the lawyer did not file her new 94 during h4 renewal.But still the passport has been stamped with the new visa.

We are expecting our approval anytime and my question is can we go for stamping ( to Newark) with the expired 94. Is this going to create any problems?

Is it better to cross the border and get a fresh I 94 before that?

We just moved to a different state and the DMV refused to change her license since the I 94 expired.That is the reason we are having concerns now.

Your response is greatly appreciated. Any suggestions please?

Thanks,
Gc Sep 10
Rd: 9/10/02
Nd: 11/13/02
EB3 NJ
 
correction if the ND and RD year

sorry the nd and rd year is 2001 and not 2002.

any help in this matter is greatly appreciated..
 
I-94

If your renewal for extension for staying was approved then you should already have an I-94. The right bottom portion of your approval notice is your I-94 and it should contain a date of Nov 2002.

This document should suffice for any I-94 requirement.

We had a similar case but did not have any problems getting a new Driving license or even renewing an existing in a different state.
 
Girish Rajput is right. The new I-797 approval notice for your wife's H-4 will have the new I-94 stub at the bottom. You should affix that in her passport to avoid any chaos or misunderstanding. Also, the DMV folks are pretty ignorant about immigration documents so don't go by what they say. You can show them her new I-94 which should be valid till Nov 2003. Since your 485 RD is 9/10/01 your approval is just round the corner. Don't panic, just take it easy.

A lot of people confuse these different immigration documents:
The visa stamped in the passport just allows the bearer to ENTER the US.
The I-94 card/stub allows the bearer to STAY in the US for the period specified by the immigration officer, typically, it'll say 'D/S' which means 'Duration of Status' as mentioned on your approved visa petition (I-797 Approval Notice).
The I-797 Approval Notice is an authorization document to enable the bearer obtain a (single or multiple) entry visa stamped in the passport. It typically also has the I-94 stub at the bottom.

Hope that clears off some of the misconceptions.
 
Thanks for prompt replies..but........

The Lawyer did not file for the I-797.He applied for my extension and i got it.They never applied for I-797 as my employer never told the lawyer that i had a dependent.
Meanwhile i got my I-797 and we sent our passports to St Louis for stamping and they stamped both the passports and sent them back to us.

Today we have an updated stamps for H-4 on my wife's passport but old expired I-94 and no I-797 form.

I used the I-94 from the I-797 to change my license at DMV.But she was refused as her I-94 is not current.

Now she does not have any valid I94 attached to any forms.That is the reason we are worried.

Please advise us & thanks everyone for their replies.

Thanks,
Gcsep 10
 
Guru's please advise..

Guru's please help us.

We read in some posts that I-94 status does not matter as long as I-484 process is active.

We are right now very confused..

any advise is really appreciated.:confused:
 
You must log in or register to reply here.
Top