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  #1 (permalink)  
Old 01-18-2012, 11:55 AM
Junior Member
Priority Date
:
Nov-10
Category
:
EB2
I140 Mailed Date
:
01/10/2011
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2011
Posts: 2
jaladishashi is on a distinguished road
Default I-94 Validity

Hi,
I applied for H1 extension in premium process and got approved in March with start date of June, 26th 2011 and valid till June 25th 2014.
I went to India in May. I had valid Visa stamping till June, 25th 2011 so I didn't go for visa stamping. I came back in May with the same stamping.
I got I-94 till Nov 20th 2012 as my passport was expiring (my new extension was not in effect yet and my old H1 was expiring 06/25/2011, but they took the extension also into consideration).
Now I have I-94 in the passport from POE expiring 11/20/2012 and I-94 from H1 extension expiring 06/25/2014.
Will I be out of status after 11/20/2012?
I called CBP and they said they cannot change the I-94 since it is not error and they can correct only errors.
Will the local immigration office be able to help?
When my new extension came into effect on 06/25/2011 (which is after my India trip and I-94 at the POE), doesn't the I-94 with extension be the last action taken?
What are my other options. I know one option is to file for H1 extension. If I go to Canada and come back, will I get new I-94? My US visa expired.

Thanks,
Shashi.
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  #2 (permalink)  
Old 01-18-2012, 02:00 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2011
Posts: 145
njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute
Default

Quote:
Originally Posted by jaladishashi View Post
Hi,
I applied for H1 extension in premium process and got approved in March with start date of June, 26th 2011 and valid till June 25th 2014.
I went to India in May. I had valid Visa stamping till June, 25th 2011 so I didn't go for visa stamping. I came back in May with the same stamping.
I got I-94 till Nov 20th 2012 as my passport was expiring (my new extension was not in effect yet and my old H1 was expiring 06/25/2011, but they took the extension also into consideration).
Now I have I-94 in the passport from POE expiring 11/20/2012 and I-94 from H1 extension expiring 06/25/2014.
Will I be out of status after 11/20/2012?
I called CBP and they said they cannot change the I-94 since it is not error and they can correct only errors.
Will the local immigration office be able to help?
When my new extension came into effect on 06/25/2011 (which is after my India trip and I-94 at the POE), doesn't the I-94 with extension be the last action taken?
What are my other options. I know one option is to file for H1 extension. If I go to Canada and come back, will I get new I-94? My US visa expired.

Thanks,
Shashi.
You will not be out of status as the I-94 attached to your H1B clearly states that you are in valid status. I am pretty sure about this as I was in similar situation and my attorney said the same. To be on safe side get a confirmation with your attorney. If you go to Canada you will have get visa stamped which is again a big hassle.
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  #3 (permalink)  
Old 01-18-2012, 02:13 PM
Junior Member
Priority Date
:
Nov-10
Category
:
EB2
I140 Mailed Date
:
01/10/2011
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Mar 2011
Posts: 2
jaladishashi is on a distinguished road
Default

Quote:
Originally Posted by njverifier View Post
You will not be out of status as the I-94 attached to your H1B clearly states that you are in valid status. I am pretty sure about this as I was in similar situation and my attorney said the same. To be on safe side get a confirmation with your attorney. If you go to Canada you will have get visa stamped which is again a big hassle.
hmm...I got my Pennsylvania License renewed in July. They extended only till Nov, 20th (my I-94 expiration date)...they have same in their system...I remember they logged into some database (it looked like USCIS database to me). That's the reason I m concerned. After my extension became effective the new I-94 info which I got with H1B extension didn't get updated in their system.
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  #4 (permalink)  
Old 01-18-2012, 02:41 PM
Senior Member
Priority Date
:
Feb-06
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2011
Posts: 145
njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute njverifier has a reputation beyond repute
Default

Quote:
Originally Posted by jaladishashi View Post
hmm...I got my Pennsylvania License renewed in July. They extended only till Nov, 20th (my I-94 expiration date)...they have same in their system...I remember they logged into some database (it looked like USCIS database to me). That's the reason I m concerned. After my extension became effective the new I-94 info which I got with H1B extension didn't get updated in their system.
You should have explained them about the situation. MVC people are causing lot of trouble these days. They refused to provide my wife a state id because the address we quoted was different from that I have on my license. I had to change my address first to have my wife's state id issued. It is worth arguing/explaining them as long as you are not wrong. Never settle for anything less without putting a fight about what you deserve.
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