I94 got expired after that got I797B

[manavalan.007]

Hi All,

My I94 got expired on Sep30 and got I797B petition on Nov21st. I have left the country on Nov 28th. (Total 58 days after my I94 got expired)
I went for stamping and got visa on Dec 27th.

I am going to travel on Jan4th.

How can I coverup these 58 days undocumented stay?. Any future problem will come during green card processing?

During port of entry can I ask the I94 from my previous expiration date. Is it possible?


Thanks,
Manavalan

[SKDS160]

Hi All,

My I94 got expired on Sep30 and got I797B petition on Nov21st. I have left the country on Nov 28th. (Total 58 days after my I94 got expired)
I went for stamping and got visa on Dec 27th.

I am going to travel on Jan4th.

How can I coverup these 58 days undocumented stay?. Any future problem will come during green card processing?

During port of entry can I ask the I94 from my previous expiration date. Is it possible?


Thanks,
Manavalan

It is not as simple as you think. There is no way you can cover up or hide the illegal stay. Asking this at POE will put yourself at risk. I am curious what do you put in DS160 about these 58 out of status days? That form asks you a question about out of status or illegal stay.

[manavalan.007]

It is not as simple as you think. There is no way you can cover up or hide the illegal stay. Asking this at POE will put yourself at risk. I am curious what do you put in DS160 about these 58 out of status days? That form asks you a question about out of status or illegal stay.

Actually my employer told that 240 days we can stay after I94 expires if the extension is applied on time. That's why I didn't mentioned in the DS160. Also I have referred in lot of US govt site about the 240 days rule.


What I have got from USCIS site below

"Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You may be required to stop working immediately when the first of the following events occurs:

• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension application.

If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status while your application is pending will then be considered to have been lawful."


As per the above my application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired. Is it correct?


Thanks,
Manavalan