I am on an H1-B visa thru June 30, 2019. My I-797 is valid through that date as well. Since having the visa, I’ve traveled 2x. My last trip was in 2017, and I just noticed that the I-94 that they stamped had an expiration date that was the same as my passport’s. My old passport and most recent I-94 basically expired 6 weeks ago and I am just discovering it now. I still have a valid H1-B visa and I-797, and I’m still within the 180-day “grace period”.
I’ve contacted CBP regarding this and they told me to either file for an extension or travel to get a new stamp. The immigration officer from our university also told me the same thing. Do you think this is safe? Can I travel with a gap in my I-94? I assume it’s OK since I have a valid visa and <180 days since I-94 expiry - just want to confirm this. Can I still stay in the US even though there is nothing filed on my behalf yet?
I’m panicking right now. I should have known about this but I didn’t. This was my first H1-B and I thought it worked like my prior J-1 (where I-94 is always same as validity as the rest of paperwork). Any response is appreciated.
Thanks for your quick response. Appreciate it. My I-94 expired due to passport expiry. You had the same case. Right? Did CBP officer asked you anything? how did you explain? so I can also explain accordingly.
No, i had different situation where My I-94 expired due to visa stamp expiry. I would still recommend you to call them and explain situation as you have explained here, ask for what supporting documents they need, who all need to be in-person (wife,children)? etc…
Hi @solution , I am in a similar position where my passport expired and i couldn’t renew it in time due to consulates being closed due to COVID. I am planning to try the deferred inspection route. Did you have any luck with that approach? I would be very grateful if you could share your experience. Thanks!
I have a similar situation. My H1B (which is stamped on the passport) is valid till March 2021. But my I-94 expired on Jan 2, 2020 (with the expiration of old passport). At this moment i already overstayed in US for more than 180 days. Should i go out of the country and get a new I-94 on the way back. Can there be a problem with my reentry because of the overstay? Or should i ask my attorney to file for H1 extension with nunc pro tunc?
If i do go out of country and get a new I-94 then what happens to this period that i overstayed. Does it count as illegal and effect my future H1 and green card?
Also, is US Mexico border still open for I-94 renewal?
hi @H1Visa , @Anil_Gupta , Today I have realized that my i 94 in my old passport got expired ( even though my I 797 is valid until 11/2021) and my employer told me that they will apply for amendment. Also they have requested that I should be out of payroll because it got expired almost 200 days back( 3/2020).
Can I know how long it took to get the amendment/ new I 94 in your case from USCIS?
Appreciate your help.
I-94 Expiry Date: Jan 26th 2021
H1B & Visa Expiry Date: June 10th 2021
My I-94 has expired and I am Out of Status since Jan 26th 2021 (Based on passport expiry Date) and have Valid H1B & Visa until June 10th 2021. My I-140 premium will be filed on Monday i.e., 04/19/2021 and my 6th year of H1b will be ending on Oct 1st 2021.
I Came to know this very recently that my passport and I-94 has expired and have immediately applied for my Passport on March 30th 2021 (Due to covid there is delay in processing and is taking approximately 2 months or more as per Indian Passport processing center). With the delay am expecting my passport delivery would be either few days before my H1B & Visa Expiry date i.e., June 10th 2021 or after it. What will be my possible solutions now? Will H1 extension with NPT help ?
I have i797 i94 and h1b stamp expiring mid September 2021 but i94 at port of entry was shortened to Feb 2021 because of passport expiration. I do have new passport and have just done h1b extension last month. Not sure if i need to cross border to get i94 updated or just wait for h1 extension.
I don’t have Canadian visa but was thinking of going through windsor tunnel and Taking chance on US side to get i94 updated.
Any suggestion would be appreciated.Thank you.
Also I just got RFE yesterday but still don’t know what it is about