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I-94 expires Jun 2013

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  • I-94 expires Jun 2013

    Hi All,

    I have a typical case here,
    My visa and petition are until Oct 2013, but my I-94 expires Jun 2013 as during port of entry, the officer has took my passport expiry date instead of the visa period ie., Oct 2013.
    Now i renewd my Passport but I-94 expires on Jun 2013.

    What should i do

    1) Apply for my extension ahead of time right away though my petition is expiring in OCt 2013
    2) Re-enter into US
    Which is the best solution in my case.

    Please suggest

  • #2
    Both the options are possible. It may be better to file an extension since the petition expiry is not very far anyway.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by PP1212 View Post
      Hi All,

      I have a typical case here,
      My visa and petition are until Oct 2013, but my I-94 expires Jun 2013 as during port of entry, the officer has took my passport expiry date instead of the visa period ie., Oct 2013.
      Now i renewd my Passport but I-94 expires on Jun 2013.

      What should i do

      1) Apply for my extension ahead of time right away though my petition is expiring in OCt 2013
      2) Re-enter into US
      Which is the best solution in my case.

      Please suggest
      I was also in same situation and applied for my h1 & h4 extension for my spouse...

      Due to work and some carelessness on my side I applied for my passport renewal a bit late..

      Our I 94's were expiring on Aug 3rd..but we were able to file for our extensions in july and by jul 31st got receipt notices..for both applications... we have our current visa's valid till Oct ...and the current petition also expires in oct..filed the extensions in premium.. hoping to hear good result soon..

      My only concern is..even though lot of ppl said we are good to stay..

      Need some expert in here..who can pacify me more...as to our status and stay is legal?

      Thanks
      Last edited by adnaanusa; 08-13-2013, 05:05 AM.

      Comment


      • #4
        Since extension application is filed (receipt date) before I-94 date, you are allowed to stay and work (H1) until it remains pending.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          Since extension application is filed (receipt date) before I-94 date, you are allowed to stay and work (H1) until it remains pending.
          Thanks for your prompt response.

          What about my dependent spouse who is on H4 and her application is also received by USCIS before the I-94 expired.

          And for both of us.. we mentioned status expiry on Aug 03.. going by current I-94..even though our current petition and visa end dates are Oct 31st, 2013... as I-94 overlays visa and petition dates I believe...

          And we requested for a start date of Aug 01 for both of us in the new application.

          so that in any way.. either our stay or status would not become illegal...

          Comment


          • #6
            That is fine.
            This is my opinion and not legal advice.

            Comment


            • #7
              Originally posted by kabkaba View Post
              That is fine.
              Thank you

              Comment

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