RFE2 - INS saying I94 Expaired (over 180 days)

G

gan0701

Registered Users (C)
Hi
I got an RFE 245.2(a)(4)(ii)(c) -

I went to India in June 2000 and came back in july2000. while enter into usa i gave my paaport and a new company H1 with I94 to officer , but he put the expiry date of I-94 as my old company's H1 expiry date (12/20/2000) and he gave me back the H1 and I-94 with that H1. Now i have Two I-94's one is valid until(12/20/2000) and another one which i got with H1which is valid upto 06/01/2002.
I got an RFS stating that my I-94 expired in 12-2000 and i filed my i-485 in July'2001 , so it is more than 180 days that i am out of status, they are not considering the I-94 i got with H1 because i went out of country after new H1.

If any body has same type of cases or any ideas what i need to do please post here.

Thanks and waiting for your replys
Gan.
 
I-94 technicalities

I am not an immigration attorney, but from my long personal experience in immigration matters, here is my understanding of how I-94s work...

1. You can never have multiple I-94s.

2. When you Change or Extend your non-immgrant status (H1, H4, F1 etc.) while in the US, you will receive an I-94 AMENDMENT, not a fresh I-94. This amendment is to be stapled with the original I-94.

3. You will note that the I-94 amendment will have the same exact number as the original I-94.

4. The I-94 amendment will NOT HAVE A DATE. The document with the date is an I-797, which is the applicant's reference copy of the approval of the extension of status. You would use this during re-entry or if you needed a fresh visa stamp for re-entry.

5. When you leave the country, you should turn in the original I-94 AND ALL AMENDMENTS. You should NOT have in your possession any I-94 when you are NOT IN THE US.

6. When you return to the US you will be issued a fresh I-94. You should present the I-797 indicating that your H1 status has been extended. Now, the officer stamping the date should be knowledgable enough to know that he should put the date from the I-797 on your I-94 and not the one from the visa stamp. However, sometimes they will stamp the old date. If this happens, you have the following options.
a. File an I-539 with INS using the I-797, which will grant you another I-94 amendment (again no dates)
b. Get your I-94 corrected at the local INS office. (I know people who have done this)
c. Get your I-94 corrected at the point of entry. (I have done this myself)

7. If you do not do any of the above, you will be OUT OF STATUS if the I-94 expires. Any I-94 amendments that you have in your possession from extensions of stay during your previous visit are INVALID. THIS IS PRECISELY WHY THERE WILL NOT BE A DATE ON THE I-94 AMENDMENTS.

Hope that clears things up a bit. General warnings that you will receive from any immigration attorney is that you should NEVER allow your I-94 to expire. It could have serious consequences as you are finding out now.
You should contact a competent immigration attorney to help you out.
 
The latest I-94 issued is always the valid one

Seems like INS is issuing these kind of RFE's more frequently now. Guys always remember anytime you leave the country and come back in with an VISA and Valid H1-B you need to ensure that your I-94 expiry date is issued based on your latest H1-B dates. Whatever date the officer writes on the I-94 at the POE is the controlling I-94 date.

Gan0701 based on your information your I-94 has expired more than 180 days. Please contact a good attorney and may God bless us all.

Note : My response above is not a legal advice, contact an attorney for legal advice.
 
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gan0701 - question

did you travel during AOS that is after filing I-485?

If you meet the criteria for 245(i) in regard to date of labor cert. filing or immigration petition, you can make use of that.

Let me know the details and how you are responding to this query.

Thanks.
 
Hi
Thanks for your reply's . My lawyer allready replied to RFE stating that while i enter into US i showed both Old company visa and New H1 , but the officer inadvarently gave me the wrong date on the I-94. The reply reached INS office on Feb19th. i am waiting for INS office responce.

I didn't travel out of US after I-485 filing.

Please let me know what i need to do now.

Thanks,
Gan.
 
gan0701

i think your reply to INS is good.

good that you didn't travel outside the country after filing i-485. this would make you eligible to use 245(i) in case they have problems with your I-94 expiry past 180 days before filing AOS.

Can you tell me exactly what your message was from INS?

Also, what was your lawyer's response to INS?

Thanks.
 
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