Urgent I94 expiration question. Please help!!

cnjasontang

New Member
Hi All,

I need urgent help on an expired I94 issue. Any help is appreciated.

My wife’s passport will expire on July, 2007. On her I797, her H1B status is until Sept, 2008. But last year, we went back to China, and when we reentered US, the custom officer wrote Jan, 2007 on her I94 for the H1B expiration date, even though on the H1B visa the date is also Sept 2008. We didn’t even notice the new expiration date on I94 until yesterday. Now we know it was because the H1B expiration date would be set to six months prior to your passport expiration date when you reenter USA.

We don’t know what is the best way to proceed. She has already got her passport renewed today. Can she go to the local INS office to correct the I-94 date based on her I797 H1B expiration date? Or does she have to leave the country immediately and reapply a new H1B visa since her 180-day grace period will be over very soon?

Did anyone meet the similar situation before? I’ll greatly appreciate it if you can share your experience and give any suggestions.

Thanks a lot!
 
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