I-94 Expiry Date: July 14th 2020
H1B and Visa Expiry Date: Aug 28th 2021
My I-94 has expired and I am out of status since Jul 14th 2020 and have valid H1B & visa stamped until Aug 28th 2021.
I have renewed my passport before my I94 and old passport expire but didn’t realized needs to update i94 also I had plan to visit India by may 2020 and got flight ticket as well but due to Covid flight cancelled my tickets otherwise i would have renewed my I-94 while enter back before my i94 expire.
I called many CPT office they are denied to update i-94 until if there any mistakes. My company layers found while filing my h1b renewal that my I94 is expired already and more than 300 days now. They asked me to contact CPT office but they are not ready to update. My attorney said will file extension with NPT and premium process so that we will come to know quicker if they accept NPT. If not then they said I need to leave the country.
What will be my possible solutions now? Will H1 extension with NPT help ? what was the recent H1B filing status with NPT especially in the covid situation? Please keep me post and appreciate your business.
Hello, One of my friends had similar situation and he has been out of status for more than 6 months. He was on H1B petition and his company filed extension petition with NPT and he received H1B extension but without extending I94. His I797 was backdated as well. In his case his wife is on H1B so he applied for H4 hoping he would get H4 approval with I94 but his petition for H4 is still pending. Hope this helps
Can I go to Mexico as a third nation country for h1 visa stamping with a passport which is going to expire in 6 months and come back to the US?
As a rule Passport valid for at least six months beyond the date of the expected period of stay but six months club countries are exempted, included my country
As per attorneys my case they ask me to not do that due to more than 180 days and the bar may trigger when you enter.
Please work with your attorney they are the one will give you right direction and support. My case and others cases may different also it’s completely the person who reviews the petition. Hopefully they will give you forgiveness due to the situation at this time and everybody accept this.
My friend who was out of Status for more than 6 months on H1B was granted H4 approval with I94. His attorney’s suggested him to apply for a change of status in the USA rather than going out of the country. Its a case by case cannot be generalized