Fiancee's I-94 / H-1B Visa Expired - Need Advice to Reinstate And Avoid 3 Year Ban From USA

[drudolf17 3]

Sorry - wrong Forum. Admin please delete!

I re-posted in K-1 Fiance(e) Forum.

Edited March 24, 2022 by drudolf17
wrong forum

[arken 4,197]

5 minutes ago, drudolf17 said:

but I believe this resulted in her I-94 becoming invalid before her H-1B's expiration,

I94 expiry date (whether issued by uscis if changed status in the US or issued by CBP if entered on H1B visa) is the H1B expiry date, why the confusion.

 

If you are a USC and she does AOS in the US after marrying, her unlawful presence would be forgiven.

[drudolf17 3]

Thanks - and sorry for posting in multiple forums.

 

The H-1B was issued based on a 3 year term. Apparently, the officer who issued this H-1B also issued an I-94 which was valid for 3 years (despite her passport expiring before the 3 years was up).

 

Upon leaving and re-entering the country to visit family, she was issued a new I-94. This officer issued the new I-94 with an expiration which matched her passport. Fiancee did not realize that her I-94 and H-1B no longer had concurrent expiration dates, hence the situation we are in now

[Ontarkie 14,324]

~~Thread locked, Op reposted in the proper forum~~