Revalidating I-94

#21
I-94 expired - PLEASE HELP

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. I read somewhere above that you could solve your problem this way but it sounds risky as they may even begin deportation proceedings if they dont understand - 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.
 
#22
Problem Solved!!!

Guys,
Here is a possible solution which I want to share with all of you.
As I mentioned earlier, my wife's I-94 had expired. We spoke to many people including her company's legal department. Also called up Rajov Khanna's office. They were possibly the nicest lawyers I have come across. I spoke to one associate of his and she advised me to goto JFK airport and try to fix the error there as it was the POE.
After multiple consultations with folks, including a very helpful lawyer of a friend of mine, I realized I had 3 choices.
1. Try and get it corrected at the POE. We were told to ask for the Secondary Inspections office.
2. Go to the Customs and Border Protection - Deferred Inspections office. All offices are on par and you can goto any of their office in the country.
3. File an extension of status (similar to a H1 extension) and ask the USCIS for forgiving the expiration of the I-94 card. Lawyers advised me to use the premium processing route by paying $1000 more.
4. Leave the country, go back to your home country, get the visa stamp revalidated (restamped) since its supposed to be automatically cancelled when you overstay, and return back. However no certainity here.

We tried the first option to goto JFK, but were told that they couldnt do anything as the card had expired. We were told to goto the USCIS office in the city.
At the Federal Plaza office in NYC, we were asked to take an appointment using Infopass. The earliest appointment was 3 weeks away. We couldnt wait that long. So we tried to get an earlier appt at Cincinnati. We got one for the next day.
Out there USCIS officer told that since I-94 is issued at the POE, it falls under the Customs and Border Protection Dept. Luckily there was an office of the CBP in the same building and the officer there was so cool about the whole thing! He just checked that the H1 petition (I-797) was in order and then just cancelled the old date and put in the expiry date of 2006 and even appologized. As simple as that. In hindsight, I dont think I could have gotten that kind of response in NYC. Mid-western folks are generally more kind.

Well thats it from me...... All the best to anyone who has a similar problem & keep the faith. :)
 

gc999999999

Registered Users (C)
#23
gc999999999 said:
what are the chances of rejecting H4 extension for 6 yrs kid here is US whose I94 is expired 9 months back?Parents are in valid H1 status

Thanks to all:

I applied for my Son's extension.. and received RFE asking more information about both parents status etc.,we send all previous H1 details etc and affidavit etc.,
Today USCIS approved the extension.
God bless every one.,
 

mahavir_kl

Registered Users (C)
#24
H1B visa and I-94 expiring

I am planning to Visit India in Dec05 but my visa and I-94 are expiring on Oct05. My I-797 is expiring in Feb06. I would appreciate if somebody could answer my questions.
1. Do I need to get I-94 updated at POE before leaving to India.
2. Do I need to get my H1B extension approved before leaving to India.
3. Do I need to get new H1B visa stamping on my passport in India before coming to US.
 
#25
Hi friends,
I am on H1B. Unfortunately I lost my I-94 and SSN card but I have photo copies of both..
Whom do I contact and what should I do? Please help me
I am working in Dallas and my port of entry was Baltimore (washington) and my employer is in Philly..

I got my SSN in Fairfax.

thanks in advance
 

safdarali

Registered Users (C)
#26
Fee for I-94 extension ??

Hello-

For extension of stay for my H4 dependents I can fill out only one form (I-539) for all dependents. Do I need to pay $195 for each dependent or $195 per application which includes all 4 dependents?
Please advise.
 

queryH1B

Registered Users (C)
#27
I-94 expired

Hi!
I'll highly appreciate a reply to my query.
My husband is on H1B and I am on H4. Our I-94 expired on Aug 10, 2005. He was working for Company A and the employer had applied extn of his H1 and my H4 in July 2005. My husband left the job of Company A in July end. He joined company B who filed for his H1 transfer under regular processing alongwith my H4 transfer. In the meantime Company A's H1 extn got approved and I got approval of H4 extn by post. My husband left company B and joined Company C on August 8 2005. Company C handled the things very casually,and inspite of our repeated reminders filed the transfer on Sept 20, 2005. Originally the tried to file it on Aug 8th, but they messed up the application and INS returned it back, and then Company C sent the correct application on Sept 20. They didn't file my H4 transfer. But during the whole period they kept telling us that they have already filed both H1 and H4, they even sent us emails confirming this, but now we realise htat they were not true. My husband's H1 transfer got approved with consular processing and I-94 was not attached to the approval notice. The company C has run the payroll of my husband and he has one paycheck, but the lawyer says now company can't run payroll since I-94 was not recd.
My questions are:
1. Are we out of status?
2. Will there be any problem in my H4 extension now?
3. What is the probability of us getting extension stamped if we go to US consulate in India?
4. Can we handle the case without leaving US. And since H1 extension and H4 extension was approved for Company A, can that be used to state that our visa was not expiring on Aug 10 and hence we were not out of status?
Regards
 
#30
I94 expired no new I797 received

Gurus:

I'm in H1B and my spouse is in H4 presently and our I94 (the bottom portion of I797) expired on 12.01.2005. From company lawyer's website we knew that our H1/H4 have been extended but we didn't receive any I797 yet! We've to visit to Canada recently but can't do it as we will be unable to come back to the USA without valid I94!

Isn't it illegal from my company/lawyer - don't they require to send me the I797 on or before it expires? Please help. Thanks!
 
#31
For pramesh (no I-94#)

Hello,

I am a foreign national (Indian) on a H1-B work permit that just entered the U.S. last week.

It is not unusual for the Immigration official to leave the I-94# blank. The same happened to me and the "duration of stay" (or "d/s") was marked till the end of my H1-B on my visa.

Last year, I also traveled ot India. On my return the I-94# that I thought was to be there was scratched out by the Immigration Officer. They copied a set of numbers from the H-1B visa itself and put it on the I-94#.

Not a legal representative but am assuming that the I-94# is also tracked electronically and on your Visa itself (in this scenario).

Nitin.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

prameshsh said:
Hi ,

Strange is how things happens with BCICS approvals.
My previous H1 expired last month , Dec13. I had applied for my H1 extension back in Sep 03, and i finally got my H1 extension approved last week. Actually i had got my wife's H4 also with it.

I was very happy on getting both of those in the mail. But when i opened and went carefully through it, i was shocked to find that the I94 which came along with the I797 H1 Approval did not have the I94# on it. All the info. on my I797 as well as on that I94 sheet [with regards my particulars like name,DOB etc.] were correct. It even has the EAC no on it except for the fact that it did not have I94 no. on it.

Actually there are 2 small perforations at the bottom of the I797 approval. One is the I94 which is the right hand side one, which is said , needs to be stapled along with the white I94 in my passport. Now this white I94 which i had got when i last entered U.S expired along with my previous H1 on Dec13.

So the only valid I94 i now have is the one which came with this new H1 approval. But i am not sure whether that that I94 is valid without any I94# on it. This no is seen above the Receipt no in bold.

My Wife's H4 has that I94 no on her's but not on mine, though both of us got approved together. Ridiculous isn't it?

The other small perforation , the left hand side one, says
"Detach this half for personal Records".

That has a Receipt # , followed by I94#. Then Name, Class and Valid From.

In my case, on this left hand side perforation, there is number against Receipt # which matches my receipt no. but there is no number against the I94# , when there should be one. My Wife's H4 does have the number against the I94#, but mine does not.

This is my second H1 extension and my previous h1 extension, did have the number against the I94#.

I am quite at a loss as to how can BCICS approve my H1 without giving me an I94 #. That too do it for one of the application ie H4 but not for the other i.e H1.

I am assuming that I94 number is required , since in future whereever the current valid I94 number is asked, i would need to provide this no. Without this no. though my H1 is valid, i would be considered illegal.

Now with this, what does this mean to me?

1] Am i out of status since my previous white I94 expired with my previous H1?

2] Now what do i need to do to correct this problem? Do i need to file again for a H1 correction or just the I94 correction?

What does that mean to me in future becoz of this issue.? Though i have a valid work permit to work becoz of I797, i do not have any valid I94 to continue to stay in U.S , becoz of this I94 issue.

3] How long does it take to correct the problem?

4] I need to get my visa revalidated as well through St Louis. Do i need to submit this I94 as well for revalidation?
Can i submit for my visa and at the same time, have this corrected?



Would appreciate ur immediate responses on this.

TIA

P.S.
 

floyd777

Registered Users (C)
#32
urgent H1 I-94 question - please help

I am currently working for Company A. I have an H1 B visa and the validity date of the H1 B visa is from 10/07/2003 to 07/03/2006. I have an I-94 card with the I-797 Approval notice that is valid from 10/07/2003 to 07/03/2006.

Company B applied for this H1 visa as a transfer and application was sent on 10/07/2003.
At that time I was working at my previous employer Company A on an H1 B visa which was valid from 04/08/2002 to 03/31/2005.
The H1 transfer was approved on December 4th 2003.
At that time I had not decided if I wish to continue with Company A or start with Company B on their visa.

I went to India due to an emergency situation. I was still a valid employee of Company A on their payroll. I went to India and reached there on January 25th 2004. I re-entered the US on the valid Company A visa on February 09th 2004 and at that time I showed my Company A visa (which was already stamped in my passport from a previous trip to India in November 2002).

At the port of entry, the POE officer issued me a white I-94 card that was valid till March 31st 2005 which was the same date as my Company Avisa validity.
I came back to the US and continued working on Company A visa and after one week I decided to switch to Company B.

I asked my then lawyer if it will be okay if I travel on Company A visa even though I might join Company B after coming back. He said that it should be no problem because I had not made up my mind on whether to join Company B and I was not on their payroll and since I was an Company A employee I must travel only on that visa.

My last pay check from Company A was 02/15/2004 for the period between 02/01/2004 to 02/15/2004 (which means during my trip to India I was a valid Company A employee on their visa).
I joined Company B on 02/16/2004 and my first pay check from Company B was from 02/16/2004 to 02/29/2004. Since then I’ve been working for Company B.

I recently decided to join another company and decided to start the processing of an H1 transfer and they said that since the last action of USCIS was the issuance of the white I-94 card which was till 03/31/2005 (based on my Company A visa), I am out of status since then.
I do have the I-94 with the H1 approval notice of Company B valid till 07/03/2006 and all this time I was under the impression that this I-94 is the one that shows how long I can stay in the US. I just came to know this problem and I have been very nervous since then.

I've already applied for GC and everything except I-485 is approved (Eb-2, retrogressed country).

Am I out of status????

Please help me
 
#33
I-94 Status

I am having similar problem. Can anybody help me please??

My 6 yr H1B visa expired 02/02/06. My corporate attorney submitted the 7th year extension in sometime in August 2005. My father died on September 11th 2005 and I had to travel India urgently. I came back to US on Oct. 10th 2005 with I-94 valid untill 02/02/06.

When I came to US, and joined the company, the attorney gave me the extension approval letter with new I-94 attached valid up to 02/02/07 and I was ok.

Couple of weeks ago, my attorney asked me I-94, and I faxed her the one I had in Passport and the new approval one. She came back to me with saying that my visa is out of status and I am illegal in country. She says that the approval letter is before I entered in US and the new one I got at LAX supersedes it.

Does anybody else have faced similar situation and is there any way to resolve that?

Thanks for your help.

--Santosh
 

dsugandhi

Registered Users (C)
#34
santosh_jha said:
I am having similar problem. Can anybody help me please??

My 6 yr H1B visa expired 02/02/06. My corporate attorney submitted the 7th year extension in sometime in August 2005. My father died on September 11th 2005 and I had to travel India urgently. I came back to US on Oct. 10th 2005 with I-94 valid untill 02/02/06.

When I came to US, and joined the company, the attorney gave me the extension approval letter with new I-94 attached valid up to 02/02/07 and I was ok.

Couple of weeks ago, my attorney asked me I-94, and I faxed her the one I had in Passport and the new approval one. She came back to me with saying that my visa is out of status and I am illegal in country. She says that the approval letter is before I entered in US and the new one I got at LAX supersedes it.

Does anybody else have faced similar situation and is there any way to resolve that?

Thanks for your help.

--Santosh
When was your I-797 approved?
By law, last action by USCIS governs the status. If your approval is before you enter into US then the last action is at POE (Port of Entry). So your valid status should be till your I-94 expiring date you received at POE.

It looks like you have not passed 180 days since the status violation so be prompt and probably file a new extension in premium processing. It might happen, USCIS will approve I-797 without I-94 in such case you might have to go out of country to stamp it before you start working. Make sure you never cross 180 days limit otherwise you would be banned for 3 or 10 years and you will never get GC.
 
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#35
Thanks for your kind help.

My I-797 was approved when I was in India. My company has applied for extension through premium processing, and I am waiting for the decision. Currently I am going through stressful 2 weeks of wait-time.

Thanks again.
 

baigimran

Registered Users (C)
#36
I-94 expiring valid I-797

Almost two years back I got my I-797, valid till Aug, 2007. When I came back to US in Dec 2005 my passport was expiring in Jun 2006 and VISA on Dec 31, 2005. Immigration officer told me that he cannot issues I-94 for a date later than my passport expiration.

Then I got the same passport extended by my embassy for another three years. Now I have valid I-797 but expiring I-94. Can I get just my I-94 extended?

Thanks in advance.
 

kp7865

Registered Users (C)
#37
I-94 Issue

I joined 'B' company and 'B' applied for H1 extension (10/03/2005) before I-94 expires (12/25/2005). B's H1 got approved but the Valid FROM date is given 1 month after I-94 expiration date. Is this ok when re-validating the H1?

Thanks in advance!!
 

desigan21

Registered Users (C)
#38
Name Correction in I-94 and SSN

In my I-94 form, a part of my first name got missed. My first and last name is perfect in passport and H1 Visa.

When I went to the SSN office, they informed that my I94 form has only a part of first name. So, my SSN would come only with that part of my first name. Other part would be missed in SSN.

I went to Port of Entry (JFK) to correct this mistake. After verifying my documents, they informed that they would correct the mistake in the computer records. They also informed that they will not correct it in I-94 departure document, which I have it along with my passport. [I went twice and both the time they told that they would fix it, but has not done still.]

Has anyone faced such a problem? Isnt there a way to fix my name in I-94 and SSN? [I would be happy even if this gets fixed in SSN.]

Note: I think I cannot go to USICS because this is the I94 given at port of entry.

Regards,
Desigan
 
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#39
I 94 Expiry

I am still not able to understand the above cases,but my case is that my friend was to india in the month of may 2006 and back to US in the month of June06,at the port of entry he showed the old employer papers instead of new one and he got a new I 94 and his old visa is valid till the end of the year and he got a I 94 stamped till aug 2006 and he did not checked it at the the time of arrival and he applied for a new extension of I 94 after 20 days of expiration of new I 94 given till Aug ending,his I 140 is under process and his company attorney applied for a new I 94 ,my question is does it get approved without any hassels even though the visa date is till year ending and does it make any impact in the GC process in the future.

Please adivce

Thanks in Advance
 

Dhoorjati

Registered Users (C)
#40
Hi,

While travelling to India few days ago, The air lines people did not collect my I-94, as I scanned passports of myself and my family to get e-tickets (boarding passes) and to check in luggage. Now, all of us have our I-94 forms in our passports. The flight attandant told that scanning of our passports is a record for our departure from the USA and hence we need not give the I-94 to the air lines staff. I just want to confirm the same. Please reply asap with details.

Thanks,
Dhoorjati
 
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