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  #1 (permalink)  
Old 10-12-2007, 11:44 AM
dvb dvb is offline
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Unhappy I-94 expired (due to passport expiry) & H1 transfer issue

Hi All,

Could someone provide some guidance regarding my situation:

1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.

Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.

Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?

Also, any implications of my situation on the I-485 process ?

Thanks a lot for any input!

DVB
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  #2 (permalink)  
Old 10-12-2007, 12:08 PM
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Default same problem

Hi
I am in 7th year of H1b now..last time my h1b was renewed dates were until April 2008. I went to india in Dec 2006 and came back in Jan 2007. My passport was expiring on Sept 29th 2007 so Immigration officer dated my I-94 until sept 29th 2007 and told me same thing that you can go to any port of entery or international airport and meet USCIS officer and extend your I-94 with your new passport. I waited until last moment and around sept 24th I went to USCIS officer on airport as well as on Port of Entry (called Deffered Inspection site). Both places got answer you need to file extention online because we only correct mistakes and this is not a mistake but it was case of passport expiration. I called my lawyer, my hr, my company lawyer. Everyone told me I cant work after 29th sept as my i-94 is expiring. Thats same as your H1 expiring. SO either leave country and comeback with new stamping or file new h1b. I ended up filing new H1b as i had only couple of days left before my I-94 would have expired. I have filed I-485 and ead and my I-140 is pending. My pd is Dec 2003. As per my lawyer I want be out of status as mY I-485 is pending but I will loose eligibility to work as I wont have any work authorization once my I-94 expires and dont have EAD approved on my hand. I hope this helps you.
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  #3 (permalink)  
Old 10-12-2007, 12:19 PM
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Default

Quote:
Originally Posted by dvb View Post
Hi All,

Could someone provide some guidance regarding my situation:

1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.

Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.

Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?

Also, any implications of my situation on the I-485 process ?

Thanks a lot for any input!

DVB

The easiest option is to travel outside the country and come back and get a new I-94. You might want tot go back to the local office where you went earlier, they might not issue a new I-94, but will be able to correct the date on the issued I-94, after you explain them the situation. A similar thibg happened to my wife on H4 few years ago. We went to the local office (Boston) and got it fixed.
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  #4 (permalink)  
Old 10-12-2007, 01:36 PM
dvb dvb is offline
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Unhappy Thanks

Thanks for your input guys!

My lawyer (from the new company) is suggesting I go to the local airport to have it corrected. I plan to call there and see if they can handle it.

Else I plan to go once again to the local USCIS office and this time ask for a correction.
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  #5 (permalink)  
Old 10-12-2007, 01:49 PM
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Default USCIS & CBP agents are sometimes ignorant

Your status is in no way tied to the validity of your passport. Making I94 expire with passport is not legally justified. I know two friends who have I94s expiring beyond their passport expiration date. Also, last time I extended my H1B, the I94 they sent expired 11 months after my passport expiration.

But as is usual with USCIS and CBP, different agents behave differently. Some give you I94 expiring 10 days after H1B, some the same day. They are rarely consistent.

If you think USCIS is crazy, wait till you try renewing your driver's license. Regular state DMV employees are expected to be well versed on immigration matters?!? Huh, what a joke...

A passport is a travel document. If it expires, it does not mean you lost your nationality or status, it just means you cannot travel. Imagine if visa stamps expired with passports too...

Fact: legislators and bureaucrats do not really care. They set fairly arbitrary rules, to justify why they are getting their salaries (which we are paying).
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  #6 (permalink)  
Old 10-12-2007, 02:01 PM
dvb dvb is offline
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Default And we get dumped on....

Unfortunately, we are left trying to fix things ... based on these forums, I probably now know more about immigration law than some of the USCIS people.
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  #7 (permalink)  
Old 10-12-2007, 02:02 PM
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Default Some time ago

there was one person who went to the airport to get the I-94 corrected. Wrong date was entered or such.
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  #8 (permalink)  
Old 10-12-2007, 02:51 PM
dvb dvb is offline
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Default Update

Here is a link to a USCIS memo regarding errors on I-94 : http://www.uscis.gov/files/pressrele...rors033004.pdf

Note that this does not cover errors made by CBP (Customs and Border Patrol).

Here is what CBP has to say @ this link http://www.cbp.gov/xp/cgov/travel/id...ure_record.xml ->


Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?
A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.

Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.

Currently, there is not an approved form to request the correction of inaccurate information recorded on the I-94 or I-95 Form at the time of entry into the United States. You will need to bring the questionable I-94 or I-95 Form and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.

The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the I-94 or I-95 Form that has been lost, stolen or mutilated must be filed with USCIS.

Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the I-94 Form will not be corrected. Under these circumstances, you will be required to file an I-539 Form with USCIS. .

-----------------


One finger pointing to the other ...

Anyway, I am trying to contact my local airport CBP to see if anything can be done.

-
DVB
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  #9 (permalink)  
Old 10-12-2007, 03:11 PM
dvb dvb is offline
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Default More updates

I'm providing updates here just for future reference for others -

I called the local airport CBP office (even though my last port-of-entry was different), and talked to an officer there. They said that they will handle this issue as long as I can show my passport and visa information.

Phew, that is a relief.

Oh, btw it turns out that the one officer responsible for handling this is on vacation, so I have call again after 2 weeks to schedule an appointment.

-
DVB
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  #10 (permalink)  
Old 10-25-2007, 05:21 PM
dvb dvb is offline
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Smile Update I-94 done

Just got my I-94 updated with the correct dates at the local airport - the CBP officer was very courteous and immediately knew what was to be done.
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  #11 (permalink)  
Old 10-30-2007, 11:06 AM
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Default

dvb - Which airport/office did you get this done at? Is there a link to look up? My firm has applied for I-94 extension but it is taking upwards of 6 months for approval so if this can be fixed via a trip to the CBP office I would like to try to do it. Thanks for your input.

Neo
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  #12 (permalink)  
Old 10-30-2007, 02:22 PM
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Quote:
Originally Posted by dvb View Post
Just got my I-94 updated with the correct dates at the local airport - the CBP officer was very courteous and immediately knew what was to be done.
Thanks for taking time to post the resolution. Should be helpful for others.
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  #13 (permalink)  
Old 10-30-2007, 02:40 PM
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Default Its not that long

Quote:
Originally Posted by neo_ny View Post
dvb - Which airport/office did you get this done at? Is there a link to look up? My firm has applied for I-94 extension but it is taking upwards of 6 months for approval so if this can be fixed via a trip to the CBP office I would like to try to do it. Thanks for your input.

Neo
Hi, Even though the dates says its taking 6 or more months, I got it with in a couple of weeks. Just for your information.
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  #14 (permalink)  
Old 10-30-2007, 03:48 PM
ita ita is offline
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Default I-94 on H1

I don't know if I didn't understand this right but one of my friends came to U.S like 5 yrs back in 2002.
Never left the country fo far.
She came on H4 and at that time her I-94 was till Apr/2005.
She got H1 in 2004 with new I-94 till May/2007.
Got her H1 extension( with new I-94 dates.)
The I-94 she got at the port of entry expired but her employer told her it is not a problem as her H1 has a I-94 with new dates.

I know in your cases(s) you have passport expiry thing. But I guess it's still the same right. I gues your H1 will have new I-94 in it .So what is the descrepency?

Please let me know .

Thank you.
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  #15 (permalink)  
Old 10-30-2007, 04:52 PM
dvb dvb is offline
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Default

Hi,

If you have used the H1 approval to go out of the country and get the visa stamped and then come back in, the white I-94 given at the airport supersedes the one in the H1 approval. That is the core issue.

Regarding an earlier question, you can contact any local "international" airport - in my case, my port of entry was Detroit, but I got the correction done in Cleveland.

-
DVB

Quote:
Originally Posted by ita View Post
I don't know if I didn't understand this right but one of my friends came to U.S like 5 yrs back in 2002.
Never left the country fo far.
She came on H4 and at that time her I-94 was till Apr/2005.
She got H1 in 2004 with new I-94 till May/2007.
Got her H1 extension( with new I-94 dates.)
The I-94 she got at the port of entry expired but her employer told her it is not a problem as her H1 has a I-94 with new dates.

I know in your cases(s) you have passport expiry thing. But I guess it's still the same right. I gues your H1 will have new I-94 in it .So what is the descrepency?

Please let me know .

Thank you.
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