New I94 issued with extension has an issue

[hkapoor]

Hi,

I have a query related to my H1B I797/I94 extension.

Let me put the facts below:
1. My current I797 expires in March 2010.
2. My current I94 expires in Dec 2009 (port of entry issued I94 based on my passport expiry when I entered the US).
3. My employer filed for my extension. And I received my new I797 and I94 today.
4. My new I797 and I94 is VALID FROM March 2010 (based on my current I797 date).
5. But my current I94 is till Dec 2009 and new I94 valid from March 2010!!

What do I do now? My employer suggested:
1. Go to port of entry and get I94 corrected. But as new I94 is issued by USCIS I doubt port of entry CBP will do any modifications.
2 Go to Canada and re-enter.

I would like to ask in the forum, has anybody faced a similar situation before? Or knows what is the best possible solution in this case?

Would appreciate a quick response on this.

Regards,

 

[ginnu]

Hi,

I have a query related to my H1B I797/I94 extension.

Let me put the facts below:
1. My current I797 expires in March 2010.
2. My current I94 expires in Dec 2009 (port of entry issued I94 based on my passport expiry when I entered the US).
3. My employer filed for my extension. And I received my new I797 and I94 today.
4. My new I797 and I94 is VALID FROM March 2010 (based on my current I797 date).
5. But my current I94 is till Dec 2009 and new I94 valid from March 2010!!

What do I do now? My employer suggested:
1. Go to port of entry and get I94 corrected. But as new I94 is issued by USCIS I doubt port of entry CBP will do any modifications.
2 Go to Canada and re-enter.

I would like to ask in the forum, has anybody faced a similar situation before? Or knows what is the best possible solution in this case?

Would appreciate a quick response on this.

Regards,

read:
http://forums.immigration.com/showthread.php?t=306089

 

[hkapoor]

Canadian Border

Hi Ginnu,

Thanks alot,there is lot of good information there.

But I have some queries here:
1. Please let me know which is the nearest Canadian border, I am in Delaware. You said you use the NY one..where is that? Is that Niagara?If possible please provide the list of borders.
2. Do we need Canadian visa, or we go to Canadian Immigration Officer and come back to US without having Canadian visa?!
3. Shall I give both I94s(one valid till Dec 09 and another valid from March 10) to Canadian immi. officer?
4. Some ppl on that post said, if we have valid ext. we can stay even if I94 is expired.. Is that true..?

Thanks again.
Regards
HK

 

[ginnu]

Hi Ginnu,

Thanks alot,there is lot of good information there.

But I have some queries here:
1. Please let me know which is the nearest Canadian border, I am in Delaware. You said you use the NY one..where is that? Is that Niagara?If possible please provide the list of borders.

--------------------------Niagara fall NY has two entry to Canada. Peace Bridge and Rainbow Bridge.
2. Do we need Canadian visa, or we go to Canadian Immigration Officer and come back to US without having Canadian visa?!
---------------- you will need Canada visa as you are from India (kapoor or Kapur are from North India and are Punjabi)
3. Shall I give both I94s(one valid till Dec 09 and another valid from March 10) to Canadian immi. officer?
---------------- you can give both the I-94 to Canada immigration officer when enter Canada. Canada officer may not ask for I-94. when enter US from Canada ask for new I-94 and officer will send you to building inside US and you get new I-94 by paying $6. show your valid H1 Visa stamp in your passport AND H1 extension approval notice so that you can get I-94 till H1 extension.
4. Some ppl on that post said, if we have valid ext. we can stay even if I94 is expired.. Is that true..?
-------------------one can stay till I-94 expiry date. for more information you must talk to your company lawyer.Thanks again.
Regards
HK

---keep the copy of all the I-94(front and back) and Copy of all the approval notice for your records in your file.

 

[hkapoor]

Hi Ginnu,

Thanks again for prompt reply.
Yes, I am from North India..
Do you know which is the nearest border from Delaware (19702)..? Niagara is arnd 8 hrs from where I live.. you mentioned in your other post abt NY border.. is that different from Niagara..?

Regards,
HK

 

[ginnu]

Hi Ginnu,

Thanks again for prompt reply.
Yes, I am from North India..
Do you know which is the nearest border from Delaware (19702)..? Niagara is arnd 8 hrs from where I live..

you mentioned in your other post abt NY border.. is that different from Niagara..?
-------------------- same.Niagara area has two bridges if you want to enter Canada.
Regards,
HK

Delawere say to Niagara key Peace Bridge or Rainbow hi najdeek lagtey hain.

 

[hkapoor]

Thanks Ginnu.

Today I went to CBP Office (in Phili, PA airport), and they issued me corrected I94.
They were very friendly and understanding.
Initially the officer said, as you have new I94 there are no issues you can stay. But when I insisted there is arnd 3months missing in between, he said.. "Ok.. let me talk to my officer". Then a lady came and he explained the scenario to her, she gave me a new white I94 card (crossed the I94# printed on that new card, and wrote my old I94# and put in the date of my latest I797.
She also said, she has updated their system as well and all is good now.

Regards,
HK

 

[ginnu]

Thanks Ginnu.

Today I went to CBP Office (in Phili, PA airport), and they issued me corrected I94.
They were very friendly and understanding.
Initially the officer said, as you have new I94 there are no issues you can stay. But when I insisted there is arnd 3months missing in between, he said.. "Ok.. let me talk to my officer". Then a lady came and he explained the scenario to her, she gave me a new white I94 card (crossed the I94# printed on that new card, and wrote my old I94# and put in the date of my latest I797.
She also said, she has updated their system as well and all is good now.

Regards,
HK

good you solved the I-94 problem.
regards.