H1-B: duration of stay I-94

[Dpdpo]

I am a citizen of germany and currently living in the US on H1-B status.
When I first entered the US on H1-B in 2010 I was allowed to stay until the expiration date of my visa (October 2013). When I returned form a visit to germany in 2011 however, the cbp officer decided my duration of stay to be only until July 2012.
Now Im wondering what my options are. On the USCIS website I read that it is possible to apply for an extension of stay, but my company would have to file a complete new I-129 for that.
So i though the easiest way would be to just go on vacation in July, and get a new I-94 when I return (since my H1-B is still valid for more than a year)
I heard that it is not possible to go to Canada or Mexico for this purpose, since you do not surrender your current I-94 in that case. Is that true?
Also, are there other countries that I could not go to? I was thinking about a vacation in Belize.
Or do I actually have to go back to germany?

Thanks a lot!

[shervin143]

I am a citizen of germany and currently living in the US on H1-B status.
When I first entered the US on H1-B in 2010 I was allowed to stay until the expiration date of my visa (October 2013). When I returned form a visit to germany in 2011 however, the cbp officer decided my duration of stay to be only until July 2012.
>>> Was your passport expiring in July 2012? That could be a reason for getting an I-94 for a duration lesser than the actual petition expiry date.

Now Im wondering what my options are. On the USCIS website I read that it is possible to apply for an extension of stay, but my company would have to file a complete new I-129 for that.
>>> Yes. If you don't want to leave the country, then filing the extension (the application should reach USCIS before your current I-94 expiry date) is the only option.

So i though the easiest way would be to just go on vacation in July, and get a new I-94 when I return (since my H1-B is still valid for more than a year)
I heard that it is not possible to go to Canada or Mexico for this purpose, since you do not surrender your current I-94 in that case. Is that true?
>>> If you go to Canada or Mexico for less than 1 month, then they will ask you to use the same I-94 that you have now. Unless you can return your current I-94 and get a new one upon your return, the whole trip would worth useless. One option is to take a one way flight ticket, return the I-94 and get a new one upon your return.

Also, are there other countries that I could not go to? I was thinking about a vacation in Belize.
Or do I actually have to go back to germany?
>>> You can go to any country. The point is you need to return your current I-94 and get a new one matching your petition expiry date upon your return. Make sure your passport is valid for more than a year.

[Dpdpo]

Was your passport expiring in July 2012? That could be a reason for getting an I-94 for a duration lesser than the actual petition expiry date.

No, my passport is actually valid for six more years.
There was one issue though when I came back after two weeks from germany in 2011. When I departed the US my I-94 was not taken, so when I re-entered it was still in my passport. The officer was not happy about that (even though I had returned way before the expiration date in Oct. 2013, so I obviously did not overstay before).
Maybe that led him to decide the short duration of stay. I don't know. Anyway, I did not really notice that at that point, because I assumed to be allowed to stay the full petition duration, as before.

>>> If you go to Canada or Mexico for less than 1 month, then they will ask you to use the same I-94 that you have now. Unless you can return your current I-94 and get a new one upon your return, the whole trip would worth useless. One option is to take a one way flight ticket, return the I-94 and get a new one upon your return.

So is this only true for those two countries? Like I said Im thinking about going to Belize for two weeks. Since its neither Mexico nor Canada, does that mean my I-94 will be taken regardless of round-trip ticket and duration of my vacation?

[shervin143]

No, my passport is actually valid for six more years.
There was one issue though when I came back after two weeks from germany in 2011. When I departed the US my I-94 was not taken, so when I re-entered it was still in my passport. The officer was not happy about that (even though I had returned way before the expiration date in Oct. 2013, so I obviously did not overstay before).
Maybe that led him to decide the short duration of stay. I don't know. Anyway, I did not really notice that at that point, because I assumed to be allowed to stay the full petition duration, as before.
>>> All I-94 should be returned when you leave the country. Otherwise proper exit records will not be registered and when those I-94 expires, it will show as if you overstayed. Follow the below link to return the I-94 that are in your possesion when you left U.S.
https://www.immihelp.com/returning-u...4-form-to-cbp/

So is this only true for those two countries? Like I said Im thinking about going to Belize for two weeks. Since its neither Mexico nor Canada, does that mean my I-94 will be taken regardless of round-trip ticket and duration of my vacation?
>>> Sorry, I have no idea about Belize. Post this quuestion in a separate thread and someone who has been to to Belize can answer.

[staxx5]

H-1B overstay, planing to return to the USA

Hello, I overstayed my H-1B visa by 200 days while waiting for a visa to Australia. I am away for 3 years. What process should I follow to return to America after 3 years as a medical doctor? Thanks

[shervin143]

Find an employer who can sponsor you a H1B petition. When the petition gets approved, attend the H1B visa interview. If the visa gets approved, you can travel to U.S.

Hello, I overstayed my H-1B visa by 200 days while waiting for a visa to Australia. I am away for 3 years. What process should I follow to return to America after 3 years as a medical doctor? Thanks