Please HELP - Expired I-94

W

worriedhubby

New Member
My wife had a 3 year H1 approval doc (I-797) and also a 3 year visa stamp from the Bombay consulate both expiring in Sept 2006. However, when she entered, the INS officer stamped her I-94 card with Sept 2004. This I saw yesterday and from what I understand it implies that she has overstayed.
Please advise as to what our options are:
1. Contact the USCIS office in the city. Sounds risky as they may even begin deportation proceedings but let me know if this is a valid recourse.
2. File for an extension of status with some explanation and a 1000$ premium processing fee.
3. Exit the country and return.

She called the INS helpline and she was told that overstaying means her current visa stamp has been voided. Does this mean that she can exit the country, get the visa restamped using the I-797 approval and return back or does it mean that the I-797 approval is itself voided.
Please advise. We are very worried.
 
Your wife has a bit of a problem but, fortunately, it is not an impossible one to correct. This is an error on their part and jurisdiction for correcting such errors made at the ports-of-entry lies with Customs and Border Protection (CBP). Therefore, CBP locations are responsible for the review and issuance of the appropriate documents to correct the error, to include updating the Non-immigrant Information System. Since mail-in procedures are not available,
aliens must report to the nearest CBP deferred inspection office or port-of-entry, regardless of where the actual document was issued.
 
Thanks for the reply Jim.
My wife went over to the POE (JFK) to try and get this corrected yesterday from the Secondary Inspections office. However, they said that since the date on the I-94 has passed, they cannot do anything about it. They asked her to visit the USCIS office in the city and try and get it corrected from there. However, people are saying that if the folks at the POE wouldnt do anything, chances are slim that the USCIS office would.
We have an appointment at the USCIS office for this week. Hopefully should get resolved. If not, can you let me know what my next options are.
Thanks again.
 
I am in the same situation, expired I-94 due to immigration mistake but valid Visa

could you tell me if USCIS was able to help you or your wife had to leave the country. This is very urgent, I need help.

Here is my situation

L2 petition approved until June 2005. I travelled outside the country and the immigration stamped my I-94 with expiration date of September 2004 instead June 2005. Now my I-94 is expired and I am trying to get my I-94 fixed with a valid date and I am trying not to have to to go to India. My 180 days end this monday. Please help

Thanks
 
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