Urgent advice needed : I94 expired....!!!(JIM M .....Marta asked me to find you on this post ....she

4

485ND0921

Registered Users (C)
Hi! Guys...
I wanted advice on this rather complex issue....grateful for similar case advice(if any).....
When I came to the US , I had 2 fresh H1Bs...from company A and company B(went to India for getting visa of company B stamped)...now at port of entry the immigration officer saw the old visa(of company A) by mistake and stamped the 94 according to that date...realised it now...after 8 months...when current visa is expiring(of company B).....please advise what to do...in the meantime had filed for 485...already 2 months past....waiting for EAD...will there be any issues now....will there be any problem in INS...will they start considering me out of status.....and will going to the INS office in NY make any difference.....also it has been more than 180 days since my 94 has expired(just for the fact).....
can someone please help!!!!!..
Also my lawyer says that he has filed for H1B extension(it expires on 11/01) and he wants to go to an INS office in NY on 7th November to explain this to the INS….and I am not sure what will be achieved by that.
Could someone guide me please so that I can make a decision…I mean if this thing is going to affect my GC in a later stage, then I will go and get it corrected…even though the dates will already have passed…
Please help!!!!
PS: Just heard on AVM at INS that my EAD and AP have been approved...will it make any difference now....means will there be any problem further in GC processing...like when the time comes for approval of 485 will INS consider me out of status or what....
 
No Title

You need to take yourpassports and the approval notices back to the port of entry and speak to immigration and explain the mistake. This was an error on their part and they should correct it (I\'ve advised people to do this before and it worked without any trouble). If the officers at the POE refuse to correct the error, you\'ll need to go to the INS District Office with jurisdiction over that POE and they have always corrected the error. I can supply you with a Memo from INS Assistant Commissioner Michael Aytes which directs port officials to issue I-94s for the entire validity period of the underlying petition if you give me your email address.

Jim
 
Thank God I found you....I was losing hope fast...

Hi!

Thank God ..I found you.....I was begining to lose hope real fast.....my e-mail id is aroravikas@yahoo.com

By the way...I guess you would have read my long sob story....what\'s your advice on it....u know the lawyer has filed H1B extension....last week....also my 485 was filed on 07/30/01(RD)...ND(09/21)....and just heard on AVM that EAD and AP were approved on 10/25/01...now the lawyer says we should go to INS office in NY(like you said)...but he says he can go only on 11/07/01...whereas the visa expires on 11/01...will there be a problem...also...I just wanted to be sure that I should go to the INS office in order to take care of any future issues when the time comes for final approval of I-485...do you foresee any problem.....Thanks a lot for your help and advise....I am highly obliged.....

regards,
 
You have a pending I-485

Therefore, even if your H-1 is completely invalid, you are currently in adjusting status and are able to remain in the US. Your EAD will give you the necessary authorization to work. If you\'re going with your attorney it is unlikely that there will be any problems. I sent you a copy of the Aytes Memo, which you should give to your attorney. It is a big help if you encounter an INS officer who is clueless. Your attorney may already have a copy of the Aytes memo, if not, he\'ll probably want a copy of the one that I sent since it is a huge help in this type of situation.

Jim
 
INS Memo

Jim,

Good afternoon. I was searching for I-94 problems and came across one of your posting about Aytes memo. I am in a situation where the I-94
in my passport(and my wife\'s) are expired but we have new I-797 (and
new I-94\'s that come with it) that have validity till 2003.

Could you please e-mail me that memo at rradhak@yahoo.com?
Also, I came to the POE in June ,2001.Do u think,now going back to them (as u suggested in ur posting) and explaining them the problem
would work?

thanks for your time ,
u_me
 
If your new I-94s were issued after you received the old ones at the POE you should be fine

I sent you a copy of the Aytes Memo anyway.

Jim
 
Kinda similar situation, JIM Please advise.

My husband has H-1 & I94 till 2003. But when he reentered U.S from U.K, he got new I-94 with old visa valid through this Nov\' 01. So, his old I-94 is overriden the new one.
Meanwhile we filed 485 with EAD & AP this month, sure it will take two months to get AP approval, but his I94 expires on Nov.
So my question, is he will be out of status till he gets EAD & AP.
If yes what is your suggestion.
 
one more question

Jim,

I got the Aytes memo. Thanks.
As it states, I came inside in June showing my old visa (valid till
Sep 14)but my new H1 came last year -- last month I applied
for my wife\'s H4 and got it valid till 2003. Now as per ur statement
she is ok (as she recevied new I-94 with 797) and I am not
- I need to go back to POE and tell them to give me a new I-94(even though I have one grey I-94 till 2003)?
Or is it ok if I just sent our passports for stamping the new
company\'s visa?

thanks very much for your time,
u_me
 
You remain in legal status as long as your most recently issued I-94 remains valid

You can send the passports out for revalidation if you would like. Your I-94 controls how long you can legally remain in the US, the visa stamp merely permits entry.

Jim
 
He will not be out of status but he will be unable to work until he gets EAD

And he will be unable to leave the country until he gets AP. He should have presented the new approval notice on reentry.

Jim
 
one more question

Jim,

I got the Aytes memo. Thanks.
As it states, I came inside in June showing my old visa (valid till
Sep 14)but my new H1 came last year -- last month I applied
for my wife\'s H4 and got it valid till 2003. Now as per ur statement
she is ok (as she recevied new I-94 with 797) and I am not
- I need to go back to POE and tell them to give me a new I-94(even though I have one grey I-94 till 2003)?
Or is it ok if I just sent our passports for stamping the new
company\'s visa?

thanks very much for your time,
u_me
 
No Title

Jim, they keep you busy, eh? Maybe you should think about a career
change??

Marta
 
one more question

Jim,

I got the Aytes memo. Thanks.
As it states, I came inside in June showing my old visa (valid till
Sep 14)but my new H1 came last year -- last month I applied
for my wife\'s H4 and got it valid till 2003. Now as per ur statement
she is ok (as she recevied new I-94 with 797) and I am not
- I need to go back to POE and tell them to give me a new I-94(even though I have one grey I-94 till 2003)?
Or is it ok if I just sent our passports for stamping the new
company\'s visa?

thanks very much for your time,
u_me
 
Micheal Aytes Memo

Jim:

I am in a similar situation where my most recent I 94 expired yesterday but my H1 approval notice has an I94 valid till 2003.

Could you please send me (dnair@yahoo.com) copy of the said "Micheal Aytes Memo" ?
Is it safe for me to continue to work till this matter is resolved ?

Thank you very much
 
No Title

Jim,
I am in the same stuation and I\'ve a question regarding this. I came thru Newark airport. I am not sure if I can even get to the immigration section - guess I\'d have to go to the distrcit office
at INS to correct my(and my wife\'s) I-94s. Y\'d mnetioned that ur friends have done it.Did they go with their lawyer or can one go
alone (considering the present circumstances) ?If you could give
my the e-mail ids of some of these guys I\'d be grateful.

thanks very much for your time in this regard.
u_me
 
Current I-94 expired..

Hi Jim:
I am also in a similar situation wherein my recent I-94 expired as of October 1, 2001 but my I-797 is valid until 2003. Could you please send me a copy of the "Aytes memo" to venki_nb@hotmail.com. Would it help if I go to the POE and explain the problem to the INS officer? Thanks for your help on this.
Venkat.
 
Similar situation here--I 94

Hi Jim please help and forward me the memo....

ansarianas@yahoo.com

1. Me(H1) & my family(H4) came to USA in 2001
got date of DEC 2002 on I-94 .

2. I changed employer and new H1-B 797 has date of
May 2004...

3. Me & My family went to India few months back.

4. Me & My wife entred again in USA on different dates.

5. I showed new 797 and got I 94 with as per new H1
i.e may 2004.

6. When my wife came officer gave her the date as per old
797 as that was the date stamped on her passport.
i.e dec 2002

7. POE was new york(JFK).

What should I do to get it correct for my wife and daughter.
Please forward me the memo.....
Also what do you mean by go to jurisdiction?

Please advice and thanks in advance......
ansarianas@yahoo.com
 
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