Expired I94 issue

[shraddhakamat]

Hello,

I am currently on H4 visa. Few months back we realized that the I-94 stamp on my passport had expired but visa was still valid. I was out of status for 11months. When I applied for retroactive active status to USCIS my application got denied. So I left the country to avoid any further travel ban. After going to India I applied for H4 visa at the consulate via drop box. Surprisingly I got a visa stamp for 3 years and dint face any problem at port of entry while returning back to the US. My question is, will this cause any problem when I file for my I-485 in future (priority date in May2012)?

[newacct]

Hello,

I am currently on H4 visa. Few months back we realized that the I-94 stamp on my passport had expired but visa was still valid. I was out of status for 11months. When I applied for retroactive active status to USCIS my application got denied. So I left the country to avoid any further travel ban. After going to India I applied for H4 visa at the consulate via drop box. Surprisingly I got a visa stamp for 3 years and dint face any problem at port of entry while returning back to the US. My question is, will this cause any problem when I file for my I-485 in future (priority date in May2012)?

How long did you stay after your I-94 expired? If you left more than 180 days after your I-94 expired, you have a 3-year ban (even if they mistakenly gave you a visa or let you in), and you should wait until 3 years after you left that time before you file I-485.

[shraddhakamat]

I overstayed for 11 months after I-94 expiration Are you saying that I should stay out of US for 3 years before applying for I485?

[newacct]

I overstayed for 11 months after I-94 expiration Are you saying that I should stay out of US for 3 years before applying for I485?

You don't have to stay out for 3 years. 3 years just has to have passed since you left the US that time after you accrued "unlawful presence". You can be inside or outside the US during these 3 years. Although normally you shouldn't have been admitted into the US during these 3 years, if you somehow are admitted into the US, whether it was by mistake or if you got a waiver, it does not extend the 3 year period of the ban.