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  #16 (permalink)  
Old 03-18-2008, 04:05 PM
vvr vvr is offline
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I am in the same situation right now, called both SFO and SJC airports and they seem to indicate they do not know anything about it. DVB how did you handle it ? Also, will it affect my status being on expired I-94 ?
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  #17 (permalink)  
Old 03-18-2008, 05:47 PM
dvb dvb is offline
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All I did was call the Customs and Border Patrol office, explained my situation, and they transferred me to the appropriate officer who handled such issues. They just seemed to know what needed to be done.

Don't know if this helps but - I did mention clearly when explaining the situation that "a mistake was made by the CPB officer on the I-94" during my last entry.

I am not a lawyer, so I will not comment on the status question.

Good luck.
DVB

Quote:
Originally Posted by vvr View Post
I am in the same situation right now, called both SFO and SJC airports and they seem to indicate they do not know anything about it. DVB how did you handle it ? Also, will it affect my status being on expired I-94 ?
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  #18 (permalink)  
Old 03-18-2008, 06:28 PM
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Default Same Situation -- Traveled to Canada

I did a blunder by not renewing my passport and travelled to India in August 2007, while returning to US , CBP officer in Chicago issued my I94 only till the expiration of Passport , which is March 2008 . My VISA was valid till Jan 2010

I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule

Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .

Moral of the Stroy "Renew your passports as soon as you can"

I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky

I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010

Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
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  #19 (permalink)  
Old 03-18-2008, 06:39 PM
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Default Fees are not applicable for extensions

You can apply for extension. Fees are not applicable for extension of status. If it involves status transfer e.g H4 to H1, then you need to pay the fees. I extended my wife, and daughters status just by filing the paper work and got the new I-94.

Quote:
Originally Posted by pbojja View Post
I did a blunder by not renewing my passport and travelled to India in August 2007, while returning to US , CBP officer in Chicago issued my I94 only till the expiration of Passport , which is March 2008 . My VISA was valid till Jan 2010

I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule

Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .

Moral of the Stroy "Renew your passports as soon as you can"

I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky

I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010

Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
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  #20 (permalink)  
Old 03-18-2008, 06:43 PM
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Default Not Sure

Quote:
Originally Posted by rongha_2000 View Post
You can apply for extension. Fees are not applicable for extension of status. If it involves status transfer e.g H4 to H1, then you need to pay the fees. I extended my wife, and daughters status just by filing the paper work and got the new I-94.
So if I m extending my H1 or H4, I dont need to pay any fees ? Can you explain exactly what extension you got with out paying the fee .
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  #21 (permalink)  
Old 05-05-2009, 09:37 PM
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Default Correct Info

The Immigration and Nationality Act (INA), the section of government law that guides immigration, specifically states that any non-immigrant alien visitor to the United States must have a passport that is valid for 6 months beyond the intended period of admission. That is to say that if your program or employment runs until May of 2008 you must have a passport that is valid until at least November of 2008. If the alien visitor is from a country that is in agreement with the United States to automatically assume that the alien's passport is valid for 6 months past the passports expiration. These countries are referred to as 6 month countries. That simply means that if the alien is from for ex. India and the passport date will expire before the end of of program date, officers are allowed to make the I-94 valid until the end of the passport. If the alien is not from a 6 month country the officer can only admit the alien with an admission date on the I-94 with a date that is 6 months before the passport expires. Officers at airports and deferred inspection offices do not have the authority, at a later date, after a new passport has been obtained, to change the original I-94 to the date that would have been given at the original time of entry had the passport been valid for 6 months beyond intended period of entry. The alien must request an extension of stay with an explanation submitted to the USCIS office, no fee is required, and a new I-94 with the appropriate date will be issued. However, if you call USCIS and are fortunate enough to get to speak to someone, that person, an information officer, with 2-5 weeks training, will tell you a CBP Officer can change it. Some officers will change the I-94, however, they have no authority to do so and can face penalties for doing so.
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  #22 (permalink)  
Old 10-31-2016, 09:33 PM
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Default I-94 extended

I spent a harrowing two days after finding out over the weekend that my I-94 had expired, and that I might have to leave the country to get my passport stamped. I wanted to share my experience in the hope that it might help others.

- I have the H1 stamp of employer A, and the 797 of employer B.
- Left the country a few times, but didn't get a new stamp. My lawyer told me this was fine as long as I presented my new 797. I also didn't know to check my I-94 each time I entered the country, or even how important it was.
- Found out a few days ago that my I-94 had an expiry date of the old 797. The I-94 had expired 2 months ago.

I live in the Bay area, so after a bit of googling (which said to go to either the airport/POE CBP or deferred inspections), went to SFO CBP office. The agent there told me they don't handle these types of cases, and directed me to the Deferred Inspections office, located here - 630 Sansome Street, Room 1185 San Francisco, CA 94111-2280.

The Sansome St. location had a line - and said "By Appointments only", but I didn't have one. I told the security agent that I needed to go to the deferred inspections office. He didn't ask for an appointment letter (others in the line were showing him theirs, perhaps for different kinds of reasons - one had a citizenship test). However, the deferred inspections office didn't seem like it needed an appointment.

I went early in the morning at around 8.30am, and there was just one other person waiting inside the office. An agent asked me to approach. I told him that I had the 797 of employer B, but my I-94 showed a date matching my old 797. He asked me if I'd presented the new 797 to the agent at the POE, and I said yes. He also asked me if I'd left the country since the last stamp (which was before the I-94 had expired), and I said no. He asked me if I had a printout of the last I-94, and I gave this to him. He held on to my 797, passport, the I-94 stapled to my 797 (which I'd neglected to surrender when I'd exited - I didn't even know it existed), and asked me to take a seat. After about 5-7 mins, another agent told me that the I-94 had been extended. Sure enough, I went online and retrieved the online I-94, and they'd given me an additional week after the expiry of the new 797. I heaved a huge sigh of relief! All the agents were extremely helpful and the entire thing took about 15 mins.

Takeaways:
- When leaving the country, try to get the stamp of the new H1. I spoke to a different lawyer after this ordeal, and she said that as long as an old stamp was valid when entering the country and the new 797 is presented, the agent at the POE should match the date on the I-94 to the new 797. However, it doesn't seem like the agents at the airport are familiar with this rule - leading to the issue of expiry dates being given based on the old 797 (I have three international stamps on my passport after changing jobs, two of the three match the date on the old 797, one of them matches the new one).
- Be courteous the agents: This one's a given, but I overheard some conversation between the agents discussing a phone call one of them had received. He kept saying "these people keep quoting their lawyer = "my lawyer said this, my lawyer said that - as though trying to shift blame on us"". Don't mention the lawyers too much - the agents know they're doing, and will help you if they can.
- Check the I-94 each time you enter the country, and make sure you get discrepancies corrected as soon as possible.

Hope this helps!
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