to file I-129 or not? URGENT HELP NEEDED!!!

J

jayraj

New Member
Guys, I need some urgent help on this. My I-797 and H1-B visa are valid for a couple of more years although my I94 is expiring soon because the officer at the POE noticed that my current passport was expiring soon and hence he issued a new I-94 with my passport expiry date stamped on it instead of the I-797 validity date. I have got a fresh passport after entering US.

1. I find myself in an unique position. I keep hearing that although I have a fresh I-797 for 2 more years I still have to file I-129 (extension of stay) to get a new I-94 card with the extended expiry date. Is this true? Isnt there an easier way to do this? This sounds silly because just few months back I got my fresh I-797 and now I have to file another I-129 all over again even though my current I-797 is still valid till 2005?

2. As an alternative ,which neighbouring countries can I travel to for a couple of days and come back just to get a new I-94 card at the POE. I believe I need to travel to Canada for more than 30 days in order to be able to surrender my current I-94 while leaving US. So Canada/Mexico are ruled out. Is West Indies a good option? Please advise.
 
1. Not true.
2. If you have the I797, you can get the visa stamp either in Canada/mexico or St. Louis. 30 days ? Ask your source to give references.

You can drive to the nearest POE and request a new I94. If you explain your case (on a non busy day/time) POE inspectors will oblige.

You can also file I102 with the nearest INS office and fix the I94 error. You dont have to get a new visa stamp in the new passport. Since you will be carrying both passports, you dont need a new visa stamp.
 
Jaxen, thanks for the quick reply. This information you are providing me, is it based on your or someone else's experience?
I mean, you know this for sure?

A couple more doubts:

1. Can I drive to the nearest International airport to get my new I-94 or should I go only to that specific POE where I got my current I-94?

2. Are you sure about this form I-102? I believe form I-102 is used only when the POE officers have made an error with the I-94 stamp or if you have lost your I-94 and need a replacement. In my case I dont think they made an error. It is a rule that H1 visa holders who have their PP expiring earlier than their I-797 will get their I-94 stamped only with the PP expiry date at the POE when they are entering US. Atleast thats what I heard from the POE officers, although they seem to implement the rule inconsistently.

So I am not sure if form I-102 applies to me. I even spoke to a couple of INS officers on phone (at the 1-800 number given for enquiries) and they also said that form I-102 doesnt apply in my case. So please clarify.

Although it would be nice if all I need to do is drive to the nearest International airport or INS office and get myself a new I-94.
 
also, you said I can go to Mexico or St.Louis to get my visa stamped. I like to clarify that I already have a valid H1B visa for 2 more years. I got my visa recently in India. However if getting a new I-94 means filing a new I-129 (which you said is not true) then I was wondering whether I need to get my visa again as I thought I would be getting a new I-797 along with the new I-94 card. It doesnt make sense at all, because I already have a I-797 and H1-B visa valid until 2005 and I dont think getting a new I-94 would invalidate my current I797 or H1-B visa. What do you think?
 
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