I94 expired with old passport expiry date, renew i94 at San Diego Border or 212 D(3) waiver?

Hi Anil

i797 approval valid upto Jan 2019, Visa stamp expired in 2017

Although I have a valid 797 until Jan 2019,I have my visa only stamped until 2017 so I am thinking I should not even attempt to cross the border rite.

i94 validity date matched to old visa stamp expiry, Corrected to match old passport expiry in Jan 2018

My I94 was wrongly given my previous 797 date which was my stamped visa date and just yesterday we were able to correct it until Jan 2018 which is my old passport expiry.

Go to Indian and File H4 visa or file 212 d3 waiver?

We are prepared to go to india and come back on a H4 visa but my lawyer told us that we are supposed to do a 212 d3 waiver which might take months to resolve and I have a six month old son who is a US citizen.

How to correct i94 date to match i797 date (Jan 2019) with New Passport

So all I am trying to achieve now is correction of the date to jan 2019 so that I don’t need the waiver I can just go to H4 stamping and come back with my son to be with my family here.

Can i visit US Mexico border to get i94 extension upto Jan 2019?

My question is now should I still attempt to go to one of the centers you mentioned and still ask for the date change and if they ask us to cross the border just come home and go to India and deal with the waiver process.

We are really struggling with my son being so young and having to stay away from his dad.

As per my opinion, your i94 overstay is still very long.

Have you been working on H1B since Jan 2018 or you were on H4 visa?

If you were on H1B, you have certainly violated your H1B status without a valid i94 starting Jan 2018.
Your H4 stamping in India will also be affected and may be denied based on your overstay.

I would suggest to do as your attorney guides you.

If you are on H1B, you should take status violations very seriously,

I was working on H1B status all along,I was never on H4 visa.
Unfortunately we just realised about this I94 date issue just 2 weeks ago that is why we are doing the H4 processing with the waiver.
I agree with you and that is our fear too but can I still try correcting it at the texas center and not cross the border if I was asked to or things might be even worse if we do so.
I understand that is highly impossible but even if they correct the date , will the gap be still a gap meaning with my old passport with the 2018 date and new passport with 2019 date. If that is still going to be a issue we will not even try so and just go to India, we are only thinking about trying to do these option since we did not have my son passport and visa I am just waiting for that.

Hi @arakitty

I understand your concern and your child’s situation.

But, the problem is that a visa violation is counted as violation irrespective of your family situation and kid’s well being.

Maintaining the H1B status is your responsibility and any ignorance is not ignored by law enforcement.

Anyways, you can try going to US border and check if they can correct your i94 without crossing border.
If they do fix it, you will have dodged a bullet right there and saved yourself.

But, if they ask you to cross border, then it would be better to go to India and then take further action.
You can even try crossing the border and if they do not allow, you can go to India straight from there.

All options are open after that.

Got it, Do you if the gap in my status will still be a gap even if they correct since it will be linked with my new passport, how will that work?
I will update here when we decide and do the next steps.
thanks very much for your responses.

As per my information, the gap stays on your name from your last i94 expiry to the day you get a new i94 as ‘Out of status’ time.

Its not corrected automatically as it is not CBP mistake.

So, it is better that you get new i94 as early as possible.