Reg: I-94 extension - travel query (bahamas)

[anamika123]

Hi

Need a clarification regarding my I-94 extension which is currently pending with USCIS.

My H1B expires on 15th Mar 2012 and my I-94 expiry date was also 15th March 2012. I applied for I-94 extension with the appropriate docs and it was filed on 16th Dec 2011 and the receipt notice date was 4th Jan 2012. Currently, the status as per USCIS website is 'Initial Review'.

I travelled to Bahamas on 9th Feb 2012 and returned yesterday on 13th Feb 2012. I travelled through ship and entered USA through SEA at the Miami port. While returning at the port of entry (Miami port), I was made to go through the immigration & customs, where they took out my previous I-94 (which was till 15th March and whose xerox I provided while filing the I-94 extension) and gave a new I-94 with the same expiry date as 15th Mar 12. My question is:

Since my I-94 card changed from the one whose xerox I submitted as part of I-94 extension docs, is it in any way going to affect my existing I-94 processing? And is there anything I need to do from my side considering this situation? Pls note that the new I-94 which was issued yesterday has the same expiry date as my visa expiry date i.e. 15th Mar 2012.

Your clarification would be very helpful, as I am not sure whether it will in any way affect the I-94 extension process currently in progress.

Thanks
Anamika

[kabkaba]

It is possible that it will create problems in your extension of status. The petition may get approved without an I-94. In that case you will have to leave the US and return to get into status. Your stay beyond the current I-94 will be considered as illegal. You should get the petition upgraded to premium so that the decision will arrive before your I-94 expires. Your employer's lawyer can also try sending your new I-94 with the premium request along with a letter explaining the situation and that may work.