I-94 expired. Please advice!

[prv1981]

I am on a H1-B visa that is valid until Feb 2012. I visited India and entered USA in sep 2010. My passport was set to expire in April 2011. So, I got a I-94 issued that was set to expire in June 2011. My company is trying to file for H1-B extension and attorney informed me that I am out of status. I am in SFO area. Can I go to CBP and plead my case for a reinstatement of I-94. I had absolutely no clue that I-94 given at POE would overwrite the I-94 on I-797A approval form.

Please advice!

[rvisak]

To the best of my knowledge; the attorney is right - unfortunately you are out of status...I would suggest talking to the attorney and finding out all the legal options available since this is kind of complicated

[kabkaba]

The latest issued I-94 matters. The one on approval notice should have been attached to your old I-94 and submitted to the airline when you left the US. Did you even read the approval notice? It clearly states that I-94 should be attached to the old I-94.
You are not just out of status but illegally present. You should leave the US immediately. If you have any dependents on H4 Visa, check their I-94's too. They also need to leave the US. If your Visa is valid you can use that and the approval notice to re-enter. Consult an experienced immigration attorney of your own immediately.

[shervin143]

To add to the below, illegal stay can cause a lot of issues with future petitions, visa stamping and GC process. The more the illegal stay, then more the issues. If you stay illegally for more than 180 days, you could get up to 3 years ban from entering U.S. If you stay for more than 365 days, you will get up top 10 years of automatic ban. Do leave the country immediately and return back with the latest H1B approval notice and a valid H1B visa. Make sure you return all the I-94s when you leave the country. Otherwise proper exit entries will not be registered with those I-94s and when they expire, it will show as of you are illegally present in the country. Detacyh all the I-94's that came with the approval notices and attach them to your original I-94 in the passport. The last received I-94 always takes precedence.

[jpjp]

please help..i 94 expired

Hi Prv,

I saw your post about i-94 expiry / passport expiry
on immi forum.

I am in same situation. to be precise , my PP is ok
but my stamp & i-94(POE..this is my latest i 94) expired before 1 year but i DO have
valid i-797 till apr-2012. I applied for extension and waiting.
my lawyer did not even review my i-94 from POE. But as
am googling on forums there are all sorts responses.

How did you tackle this situation.
Please respond. appreciate your help.

anybody help...pls

Regrds,
JP.

[shervin143]

I suggest you consult an immigration attorney. If you stay illegally for more than 365 days (without a valid I-94. Petition expiry doesn't matter here) you will get an automatic ban of upto 10 years from entering U.S.

Hi Prv,

I saw your post about i-94 expiry / passport expiry
on immi forum.

I am in same situation. to be precise , my PP is ok
but my stamp & i-94(POE..this is my latest i 94) expired before 1 year but i DO have
valid i-797 till apr-2012. I applied for extension and waiting.
my lawyer did not even review my i-94 from POE. But as
am googling on forums there are all sorts responses.

How did you tackle this situation.
Please respond. appreciate your help.

anybody help...pls

Regrds,
JP.

[prv1981]

Thank you for the replies. I was a little fortunate. My attorney filed a NuncProTunc reinstatement request and it got approved. I received a I-797A with back dated I-94 from the day my previous I-94 expired. While I was waiting for this decision, I took my chances at El Paso POE and got a new I-94. JP, talk to your attorney about NuncProTunc

[AnaNd K NAuni]

Online I-94 expired but I797 have valid I-94

I was working with company A.
My H1b (I-797) is Valid from 10/01/2013 Until 09/01/2016.

I move to company B
My H1b (I-797) is Valid from 02/04/2014 Until 02/03/2015.

I moved back with company A. they did not terminate my H1 which is valid till 2016, they thought of using the same H1 till 9/1/2016 .

When I entered my details to get I-94 details it shows admit until date 2/3/2015.

Is my staus Illegal ? if yes, What do i have to do to resolve the issue ?

Please suggest.

[shervin143]

What do you mean when you say you moved back to employer A? Did employer A file a transfer from B to A? Or did you leave the country and return back on A's petition?

I was working with company A.
My H1b (I-797) is Valid from 10/01/2013 Until 09/01/2016.

I move to company B
My H1b (I-797) is Valid from 02/04/2014 Until 02/03/2015.

I moved back with company A. they did not terminate my H1 which is valid till 2016, they thought of using the same H1 till 9/1/2016 .

When I entered my details to get I-94 details it shows admit until date 2/3/2015.

Is my staus Illegal ? if yes, What do i have to do to resolve the issue ?

Please suggest.

[aknauni]

I-94 Overstay

I was working with company A.
My H1b (I-797) is Valid from 10/01/2013 Until 09/01/2016.

I move to company B
My H1b (I-797) is Valid from 02/04/2014 Until 02/03/2015.
Went to India got stamping with Company B.

Came back from India.
I moved back with company A. they did not terminate my H1 which is valid till 2016, they thought of using the same H1 till 9/1/2016 .

Today (09/22/2015)
When I entered my details to get I-94 details it shows admit until date 2/3/2015.

Is my staus Illegal ? if yes, What do i have to do to resolve the issue ?

Please suggest.

[shervin143]

Your current status is illegal and your employment with employer A is unauthorized. You cannot move from employer B to A just like that because A's petition is not revoked. Once you started working for employer B, to go back to employer A, employer A should have filed a H1B transfer or you should have left the country and re-entered back on employer A's petition. You cannot work for employer A when your I-94 is associated with employer B. I suggest you get a good immigration attorney.

I was working with company A.
My H1b (I-797) is Valid from 10/01/2013 Until 09/01/2016.

I move to company B
My H1b (I-797) is Valid from 02/04/2014 Until 02/03/2015.
Went to India got stamping with Company B.

Came back from India.
I moved back with company A. they did not terminate my H1 which is valid till 2016, they thought of using the same H1 till 9/1/2016 .

Today (09/22/2015)
When I entered my details to get I-94 details it shows admit until date 2/3/2015.

Is my staus Illegal ? if yes, What do i have to do to resolve the issue ?

Please suggest.