I-94 Extension Requirement

[vxb2004]

Hello,

My friend and his wife recently entered Atlanta port of entry after a Europe visit. Though he had H1B visa, he was forced to use AP since his wife did not have her H4visa stamped. He got his I-94 for one year from the date of entry. He asked the Immigration Officer about the validity of I-94 after the expiration date. The officer asked him to go to the local Immigration office and get it extended 1 month prior to the expiration date. This is the first time I am hearing such a rule. I always thought that I-485 receipt supersedes I-94 document. Anyone with similar experience/ any thoughts?

Thanks

[chanduv23]

Originally Posted by vxb2004

Hello,

My friend and his wife recently entered Atlanta port of entry after a Europe visit. Though he had H1B visa, he was forced to use AP since his wife did not have her H4visa stamped. He got his I-94 for one year from the date of entry. He asked the Immigration Officer about the validity of I-94 after the expiration date. The officer asked him to go to the local Immigration office and get it extended 1 month prior to the expiration date. This is the first time I am hearing such a rule. I always thought that I-485 receipt supersedes I-94 document. Anyone with similar experience/ any thoughts?

Thanks

They do not extend i 94 at local USCIS office. Something very similar happened to my wife sometime back. She was on h4 visa and then got her h1b visa approved - so 10 days before she can start her work, she went to SSN office to apply for SSN and they gave her the same crap "that her h4 i 94 is expiring and she has to get h1b i 94 stamped at USCIS office" She insisted to see the supervisor but they would not allow and forced her to leave. Always clarify things from an Attorney. The officers may not know the actual thing.

[vxb2004]

Thanks Chanduv23. So I presume that I-94 extension is not a requirment when I-485 is pending? I will ask him to clarify from his attorney too.

[americandesi]

Here's the link to an old Murthy.com article on this subject. Not sure if its still valid though.

http://www.murthy.com/news/ukadvpar.html

[vxb2004]

Thank you.