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My I-94 expires today and I got a new I-129 issued why hasn't my I-94 been updated? Do I have to leave the country today?

Brooklyn, NY |

Hi,

My I-94 entry expires today. My employer applied for a new I-129 approval around a month ago under premium processing and it was recently issued. At the time my lawyer advised me that my I-94 would be updated by the USCIS once they grant the approval extension. I took counsel from other lawyers who seemed to agree with his opinion. But upon checking the I-94 website today I see that my I-94 is still marked for expiry today.

I am very nervous and want to know if I have to leave the country today. Kindly Help!

Attorney Answers 5


  1. Best answer

    Check the approval notice for an I-94 at the bottom right-hand corner. If so, then you are OK to stay.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: info@moralespllc.com (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500


  2. If you requested and USCIS granted an extension of your status, that means you are allowed to be in the U.S. If they granted the visa and denied an extension [or you never requested an extension on the I-129], then you are not in status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  3. You should follow the advice of your attorney. They have an intimate knowledge of you case.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  4. Your lawyer is in a far better position to answer this question than we are.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.


  5. So long as you have a pending application, you may legally stay in US while the underline visa expires per your I94. In other words, your previous status dies but you can ( only) stay until you get approval or rejection for new app.

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