Hi, My H1b visa is valid thru 2017 but my I94 is havid validity date as 07/2015. Do I need to get this corrected? Did I go out of status now? Whom should I approach to get it corrected?
The I-94 that governs your lawful stay is the later of the one that was provided at the time of your last admission, or the one that was provided on your latest I-797 approval notice, if applicable. It's not clear which I-94 you are referring to that expired in July 2015, but it may be problematic if it is the later of those two. If the admission I-94 was issued in error with that date, you can visit a deferred inspection site to see if they can correct it. This is probably a matter that you will want to discuss in detail with an experienced immigration attorney.
It depends on whether it was CBP error.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
To determine whether you are correctly identifying your most recent I94 or if there is/was an error made by CBP, you will need to consult with an immigration attorney. The I94 allows a foreign national to live and remain in the US according to the time provided in the classification stated. Errors can be made at the port of entry, or sometimes a foreign national is not aware of a reason for the time permitted to be less than the time allowed for the validity of the visa. If you have overstayed your authorized period of stay for more than 6 months at the time you depart, you could face a 3 year bar to return to the US, and if more than one year elapses, and you have overstayed your authorized period of stay, and then you depart the US, you may face a 10 year bar to return to the US. It is necessary for you to seek immediate help to ensure you have not remained beyond your authorized time in the US, or if you remain beyond July, whether you would face a 10 year bar.
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