Urgent-I94 expired

[Alfy 0]

Hello,

My I94 and H1B visa expired 2 days ago i.e. 8th Jan, 2012. I have a valid I797 until 19th Sept, 2012. I was told that I797 is the document which is accurate and I dont need to worry about the visa stamp on my passport. Now my lawyer told me that I94 is the latest documentation that would be on records and it overwrites everything else. So he advised me to file for renewal immediately and hopefully it would be done by 13th Jan, 2012 by premium processing. Now my questions are:

1. For how many days would I be considered out of status? Will that be a problem in future while applying for Green Card?

2. Will I be eligible to accept paycheck from my employer now? Or should I wait until my extension gets approved? Or would it be fine if I wait until I have filed for the extension?

3. Did anyone try getting their I94 corrected to match the date on I797 in detroit airport? I read forums where people had success doing this in Baltimore, Milwaukee, JFK airports.

4. After the approval of my extension, would I still have to go out of the country to get my visa stamping done?

5. Also, please let me know if there are any other issues you could think of in my case.

Its a nerve racking situation for me right now and I would appreciate any advice/comments on this.

Thank you.

[Harsh_77 716]

You I797 would have a I-94 on the right hand bottom corner.

What does that say?

[Alfy 0]

You I797 would have a I-94 on the right hand bottom corner.

What does that say?

It says its valid until Sept 2012.

[Harsh_77 716]

Thats your validity date, your I-94 is valid until Sept 2012.

How did your I-94 then expire 2 days back?

Edited January 11, 2012 by Harsh_77

[Alfy 0]

Thats your validity date, your I-94 is valid until Sept 2012.

How did your I-94 then expire 2 days back?

The I-94 on my passport says 8th jan 2012. This was what happened when I went to India last yr.

[Harsh_77 716]

The I-94 on my passport says 8th jan 2012. This was what happened when I went to India last yr.

That was the I-94 that you got when you travelled, I am assuming after that you files I-797 and it got approved, which includes your new I-94.

In that case your new I-94 on I-797 is the valid I-94.

If you look at it both the I-94 will have same number.

[Alfy 0]

That was the I-94 that you got when you travelled, I am assuming after that you files I-797 and it got approved, which includes your new I-94.

In that case your new I-94 on I-797 is the valid I-94.

If you look at it both the I-94 will have same number.

Harsh, I got this I797 approval before I went to India. Then I got my visa stamped in India and for some reason both my visa and new I94 stapled to passport have Jan 8th 2012 as the end date. I have read on many websites that this is a common problem. I really wanted to know for how many days would I be considered out of status and if I had to leave the country even if I get my new I797 approved.

[Alfy 0]

Thats your validity date, your I-94 is valid until Sept 2012.

How did your I-94 then expire 2 days back?

The I-94 on the passport and the expiration date on the Visa (i.e. in Passport) expired on Jan 8th 2012. But the date on I797 is valid until Sep 2012. So I am confused which date is the apt one.

Thanks

[Harsh_77 716]

The I-94 on the passport and the expiration date on the Visa (i.e. in Passport) expired on Jan 8th 2012. But the date on I797 is valid until Sep 2012. So I am confused which date is the apt one.

Thanks

Correct me if I am wrong.

You applied for I-797 before you went to India (I-94 expires in sep 2012) --> using the same I-797 you got a new visa stamped on your passport --> Consulate stamped the visa until Jan 2012 --> You entered US using the visa and CBP officer issued you an I-94 with same expiry date as visa.

Is this correct situation?

[Alfy 0]

Correct me if I am wrong.

You applied for I-797 before you went to India (I-94 expires in sep 2012) --> using the same I-797 you got a new visa stamped on your passport --> Consulate stamped the visa until Jan 2012 --> You entered US using the visa and CBP officer issued you an I-94 with same expiry date as visa.

Is this correct situation?

Yes, exactly! You understood it right.

[Harsh_77 716]

Yes, exactly! You understood it right.

In that case you need to talk to your company lawyer and the I-94 attached to your passport at airport by CBP officer takes over the I-94 attached to I-797.

When you got your visa stamped, the CO only approved your visa until Jan 2012 even though USCIS had approved it until sep 2012 .

Either you need a new visa or need to leave immd as you will be out of status.

[Alfy 0]

In that case you need to talk to your company lawyer and the I-94 attached to your passport at airport by CBP officer takes over the I-94 attached to I-797.

When you got your visa stamped, the CO only approved your visa until Jan 2012 even though USCIS had approved it until sep 2012 .

Either you need a new visa or need to leave immd as you will be out of status.

Yep. We are in the process of getting a new I797. Hopefully it would come along with a new I94.