I-94 Wrong Date Problem

[punapuna86]

Hello All,

I have an issue. Last time I entered US I was stamped with "Admit Until" date of 1-SEP-2015 viz the expiration date of my visa (based on my previous employer), despite having I797 that is valid till DEC 2016 [classic goofup]. I called deferred inspection and they refused to correct it as I was correctly admitted to us. They instead suggested me to file I-539 form with USCIS.

Does anyone have pointers on this? How long will it take for me to get this processed? Since I have only 2 months left, I am little concerned about that the processing time may take too long...

What if I go back to India and get a new VISA for my new employer? Does this mixed up I-94 cause any trouble for new visa?

Has anyone attempted to momentarily go to Mexico in Tijuana and re-enter through SanDiego port of entry? Is this risky?

Please advise

Thanks,
Punapuna86

[punapuna86]

hello all,

i have an issue. Last time i entered us i was stamped with "admit until" date of 1-sep-2015 viz the expiration date of my visa (based on my previous employer), despite having i797 that is valid till dec 2016 [classic goofup]. I called deferred inspection and they refused to correct it as i was correctly admitted to us. They instead suggested me to file i-539 form with uscis.

Does anyone have pointers on this? How long will it take for me to get this processed? Since i have only 2 months left, i am little concerned about that the processing time may take too long...

What if i go back to india and get a new visa for my new employer? Does this mixed up i-94 cause any trouble for new visa?

Has anyone attempted to momentarily go to mexico in tijuana and re-enter through sandiego port of entry? Is this risky?

Please advise

thanks,
punapuna86

bounce

[raghvi]

Hello All,

I have an issue. Last time I entered US I was stamped with "Admit Until" date of 1-SEP-2015 viz the expiration date of my visa (based on my previous employer), despite having I797 that is valid till DEC 2016 [classic goofup]. I called deferred inspection and they refused to correct it as I was correctly admitted to us. They instead suggested me to file I-539 form with USCIS.

Does anyone have pointers on this? How long will it take for me to get this processed? Since I have only 2 months left, I am little concerned about that the processing time may take too long...

What if I go back to India and get a new VISA for my new employer? Does this mixed up I-94 cause any trouble for new visa?

Has anyone attempted to momentarily go to Mexico in Tijuana and re-enter through SanDiego port of entry? Is this risky?

Please advise

Thanks,
Punapuna86

A bulleted/numbered set of questions would have helped.

I dont think the granting of visa only till Visa expiry is a "goof up", I personally believe there is conscious effort on the part of officers to do so.

It can take 2-4 Months. As long as I539 is filed before your current I-94 expiry it would allow you to legally stay and work. But there are certain other issues, example, many DMV's do not issue a driving license beyond I-94 expiry even with an extension receipt.

Yes one can get go out of US, get oneself a new visa based on the new petition and come back on the new visa. Make sure you submit all I-94 at the time of exit. Upon re entry you would get a new I-94 matching your new visa and I797. But many a times folks avoid this approach if they don't have adequate documentation( client letter/MSA/SOW etc.) to successfully get a H1 visa.

I have heard mixed stories of crossing over to nearby countries and re entering with new I-94 so would rather not comment on that.

This is my opinion not legal advice.

[punapuna86]

I dont think the granting of visa only till Visa expiry is a "goof up", I personally believe there is conscious effort on the part of officers to do so.
-- I think you meant I-94 right? But that's strange, why am I so unwelcome? Actually he stamped it even before I got a chance to hand over my new I-797. It was
that fast. The procedure was to first give the passport, then I-797 and if there is a mistake then request correction. I literally followed that. I gave my passport then boom! he stamped it before I could even open my new I-797....


It can take 2-4 Months. As long as I539 is filed before your current I-94 expiry it would allow you to legally stay and work. But there are certain other issues, example, many DMV's do not issue a driving license beyond I-94 expiry even with an extension receipt.
--2-3 months is way out of this planet - if they take that long. I don't have issues with drivers license. It is valid till Dec 2016 and this is my fourth drivers license in fourth state.

Yes one can get go out of US, get oneself a new visa based on the new petition and come back on the new visa. Make sure you submit all I-94 at the time of exit.
--I-94 now is electronic. Are you suggesting I hand over a print out of it to the airlines?


Upon re entry you would get a new I-94 matching your new visa and I797. But many a times folks avoid this approach if they don't have adequate documentation( client letter/MSA/SOW etc.) to successfully get a H1 visa.
--Nah I have top masters here in US. Not sounding conceited but getting H1b was never an issue . But thanks for the heads up...

I have heard mixed stories of crossing over to nearby countries and re entering with new I-94 so would rather not comment on that.
--In essence though I think it is too much of an hassle for a minor misunderstanding.... It should be very easy to fix these things. I don't know why I have to pay so much of a price for small mistakes like this.

This is my opinion not legal advice.
--Bravo! for answering http://www.immihelp.com/forum/images/icons/icon6.png