Stamping & LATEST I-94 expire Dec 04. Approval until 2006. Need stamping again?

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phildis

Registered Users (C)
Guys please help.

My visa stamp in my passport expires in Dec 2004. I have a H1 Extension approval until 2006. I recently went to India and when coming back at POE I didn't show my new approval and so I got I-94 with the Dec 2004 date (same as in the Visa stamp). I found someone saying in this forum that only the date on the LATEST I-94 counts. In my case the I-94 that I got at POE is the latest and not the one that came with my I-797. So does that mean I have to re-enter again or get a new visa stamp to legally stay beyond Dec 2004?

Please reply guys. I'm really worried. Thanks in advance.
 
phildis said:
Guys please help.

My visa stamp in my passport expires in Dec 2004. I have a H1 Extension approval until 2006. I recently went to India and when coming back at POE I didn't show my new approval and so I got I-94 with the Dec 2004 date (same as in the Visa stamp). I found someone saying in this forum that only the date on the LATEST I-94 counts. In my case the I-94 that I got at POE is the latest and not the one that came with my I-797. So does that mean I have to re-enter again or get a new visa stamp to legally stay beyond Dec 2004?
---------- reneter before the visa stamp expires, show the visa stamp and H1 approval notice and get new I-94

or
fill up form I-102 to correct the I-94
or
go to same POE Where you entred and meet the supervisor and ask them to correct you I-94 ( dont tell you did not show your H1 approval say you have showed Visa stamp and H1 approval)
Please reply guys. I'm really worried. Thanks in advance.
Click to expand...
 
Thank you Ginnu

Thank you Ginnu. I think I'll fill I-102 and go to the local INS office and get it corrected.
 
INTEROFFICE MEMO

To: Regional Directors
Service Center Directors
District Directors
From: William R. Yates /S/
Associate Director for Operations
Date: March 30, 2004
Re: I-94 Errors Issued by U.S. Citizenship and Immigration Services
This memorandum provides guidance for cases in which CIS or Asylum offices issue an I-94
with erroneous information. Should an alien enter a USCIS district office and demonstrate to a CIS
officer that some information on an I-94 issued either by USCIS or an Asylum office is incorrect, the
officer shall provide the alien with a new I-94 with the correct information. Some examples of
errors can be a misspelled name or other data entry error at a Service Center, or, occasionally, an
incorrect date of admission. The officer must be clearly convinced from the alien’s statements and
the evidence presented that the I-94 was in fact issued in error and that neither the original error nor
the proposed correction involve deliberate deception or fraud on the part of the alien. If the officer is
not, the alien should be advised to file Form I-102.
This memo does not cover any I-94s issued by U.S. Customs and Border Protection (CBP).
Should an alien enter a CIS office and ask for a new I-94 based on an I-94 issued at a port-of-entry
or otherwise by CBP, the CIS officer should direct the alien to CBP in accordance with that agency’s
procedures.
This change will be incorporated into the Adjudicator’s Field Manual (AFM) in the near
future. Until such time as that change is affected, all officers should adhere to the guidance
contained in this memorandum.
This memorandum is intended solely for guiding USCIS personnel in performance of their
professional duties. It is not intended to be, and may not be relied upon, to create any right or
benefit, substantive or procedural, enforceable at law by any individual or other party in removal
proceedings, in litigation with the United States, or in any other form or manner.
HQOPRD 70/42.10
425 I Street, NW
Washington, DC 20536
 
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