Non-Immigrant VISA rules:B1 Visa versus I-94 Expiry

[saibaba28]

previously I got B1- visa for 3 months.

At port of entry I got I-94 for 6 months.

I was staid for 6 months period.

Recently I visited to get a new B1 visa.

The immigration officer was asking have you extended the visa duration time?
I said no.
e said that you stayed there illegally for 3 months.
I was trying to convince him that I have not staid illegally
I said with in the time of I-94 I returned back.
He was asking how can you stay 6 months with out extension of your visa, do you have a proof that you can show me.
He even asked me do you know immigration rules.
I was trying to reply.
He said I am not going to give you visa.

Here is my question. Can't we stay in US on B1 till 6 months, even after getting I-94.

At present I am holding my H1-B papers. At this moment if I go to American consulate will I get the same question? Of over stay.

How can I prove him that I have not over stayed there?

Please help me.

[immihelp]

I am not sure why consular officer would behave like that.

You can legally stay in US until the date on I-94. Date in visa stamp is used only to enter the US.

[bhikubhai]

Always make copies of everything !

You should've made a copy of the I-94. Unfortunately, I-94 is a document that is ripped out when you exit the country so there is no record of its valid duration anywhere.

Perhaps, immihelp.com should put a note on its website stating that as one of the procedures after entering the US the visitor should make a copy of the I-94 for own record.

[simba]

This is true - Question on overstay

This is true. My parents visited the chennai consulate for visitor visa. They had visited the us twice successfully, both time were given 6 month visa and 6 months valid I94. When they went for the third time for visa interview, the officer told them that as they had stayed for 2 months beyond the visa expiration date, they had overstayed their visit. My parents tried to explain that this was because their I94 was valid. Visa officer did not agree and rejected stating overstay.

Here is what you can do to proove otherwise. They do not throw or tear your I94 at the airport. The main HQ office in washington dc for the customs and border patrol has an customer satisfaction unit. You can write to them and ask for the I94 information which will proove your legal status. It takes 2 months i have been told. Write to them and proove your legal stay.

[simba]

Lesson learnt - Make copies of i94 when you come here

Lesson learnt - Make copies of i94 when you come here

[mythili]

I-94 issue

OK Couple of things:

How does the officers at the consulate have access to the Entry-Exit records in the US? (to know they overstayed)

When my parents left the US, their I94 were never ripped out (error on their part)
I did some research and find out this happens quite frequently and none of the folks I spoke to had any problem returning to US. They were never asked if they overstayed.

Without updating their system with the I94 after departure, how can they know that the person has not overstayed?

[new_guy]

This looks confusing to me, so what if one has 3 months visa and he enters US and gets 6months in his I94, does he has to go back on his visa expiry date? or he can stay till I94 expiry.
What i can make out from this thread is to be safe he should go back before visa expiry date...

[simba]

Contest the overstay

For anyone leaving the US, it is expected that they hand over their I-94 while leaving. I know for a fact that the airline agencies submit these I-94s to the US Customs and border patrol which stores these I-94s in their main office in D.C I can see how easily some one might forget to return the I-94s while leaving. I am not sure how the date of departure is recorded, i do not want to comment on this as i do not know 100% what they do after you submit it.

Either way, my parents had been rejected visitors visa stating this same overstay reason which is not true as they had only stayed for the duration of their I-94s. I contacted the consulate and explained this situation. In the begining, they did not respond sympathetically. I tried again repeatedly and the consulate actually revisited my parents case and accepted that they had not overstayed and even issued them an visa.

You can legally stay here till your I-94 expires. Just make copies of them so that in future, if you get questioned, you can show proof. Best of luck to you.

[sunyca]

Contacting consulate to revisit the case

Hello Simba,
Could you please share who/how you cotacted regarding revisitng your parents case? My parents were also rejected on the same basis and I'd like give this a try too.
Thanks for your help.

sunnyca

For anyone leaving the US, it is expected that they hand over their I-94 while leaving. I know for a fact that the airline agencies submit these I-94s to the US Customs and border patrol which stores these I-94s in their main office in D.C I can see how easily some one might forget to return the I-94s while leaving. I am not sure how the date of departure is recorded, i do not want to comment on this as i do not know 100% what they do after you submit it.

Either way, my parents had been rejected visitors visa stating this same overstay reason which is not true as they had only stayed for the duration of their I-94s. I contacted the consulate and explained this situation. In the begining, they did not respond sympathetically. I tried again repeatedly and the consulate actually revisited my parents case and accepted that they had not overstayed and even issued them an visa.

You can legally stay here till your I-94 expires. Just make copies of them so that in future, if you get questioned, you can show proof. Best of luck to you.

[sarga]

CBP is not helpful.

Hi, Simba,
I have called CBP and seemed they didn't konw if all the I-94 forms were kept in their HQ in Washington DC. CBP directed me to USCIS. Would you please let me know which CBP office you sent your request of a copy of I-94 form to? Thanks a lot.

Sarga