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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 08-12-2012, 05:49 PM
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srideshpande is on a distinguished road
Unhappy Seeking new I-94 based on I-94 issued by CBP so applied I-102 instead inquiring CBP!!

I was seeking new I-94 based on form I-94 issued by CBP so I applied for extension using I-102 instead inquiring CBP what to do?

I entered US on 9th Oct 2011 on H1B. At the time of entry, I have passport with validity upto 27 June 2012. However my H1B visa is valid until Sep 2014. So the USCIS officer issued I-94 up to my passport validity. Since then I reissued new passport with 10 year validity and applied for new form I-94 using form I-102 in time (Jan 2012). However for the new form I-94, I could have ask directly CBP. Now I have got denial letter from USCIS for not to give new form I-94 because I was not having beyond 6 month valid passport while time of entry. And asked me to file a form I-290B for notice of Appeal or motion. In this situation, what are the proper steps to take to get new I-94.
My mistake here was, I should have ask directly teh CBP for new form I-94 based on form I-94 issued by CBP. Plz suggest.
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  #2 (permalink)  
Old 08-12-2012, 07:57 PM
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Visit any of the CBP deferred inspection locations and see if you can get it corrected

Overview - CBP.gov
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This is not legal advice
Total Contributions to date:: over $750
PD Oct 2006/EB2/India
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Old 08-12-2012, 10:49 PM
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I was in same situation once and I went to CBP and they directed me to InfoPass and the person there told me that IO didn't do anything wrong during my entry as the passport expiry was before the visa. He said, you need to go out and come back in or apply for H1-B renewal and the I-94 attached to it will be the new one. I did the latter as it was due soon.
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