Urgent : I94 expired and 180 days rule

[Saisakshi3]

Hi All,

I need urgent advice I might be in big trouble.
I have valid h1b till dec 2015 . While I reentered US I got a new i94 which had incorrect date of Feb 2015
Where as the i94 date as per my i797 is dec 2015 and that my visa expiry date . I did not notice the incorrect i94
Date till I applied for extension . Now it's past 180 days and I don't know what to do. I will have to go to border security for correction of i94 .But even if he corrects I have passed my 180 days of stay. I have to file for extension also will it have any issues?
Please suggest

[Saisakshi3]

Can somebody please reply

[shervin143]

Well, your I-94 attached to the approval notice is no longer valid since you left U.S and re-enter and got a new I-94. The last received I-94 is the one that will be effective. Checking your I-94 records before leaving the POE is the important thing one has to do before leaving POE. I am not sure why your I-94 was issued only till Feb. Maybe your passport was expiring that time or you showed the previous approval notice by mistake. Whatever might be the reason, it is your responsibility to validate the I-94 and file extension on time before the I-94 expires.

You can go to the same CBP post and try and get your I-94 corrected. They can be helpful sometimes. An extension is not possible now since your I-94 expired a long time ago. As of now, your employment and your stay in U.S are considered illegal. One option is to leave the country and return back on valid H1B visa to get a new I-94 at the POE. But there is no guarantee that you will not face any issues because of the illegal stay.

I would suggest that you consult a good immigration attorney.