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I-94 Status

Jersey City, NJ |

I had i-797 approval document from Dec 2nd 2007 to Dec 1st 2010 and visa stamping on the passport until Dec 1st 2010 .I also got an approved extension i-797 from Dec 2nd 2010 to Dec 1 2011.

I travelled to India in Oct 2010 and came back to the US on Nov 10th 2010. (did not do stamping)
At the Port of Entry, I showed my current 797 (the one valid until Dec 1st 2010).
The immigration officer gave me I-94 dated till Dec 10th 2010.(the extension was starting only from Dec 2 2010-2011)
1. Should the officer have given me i-94 with new extension date?
2. Am I currently Out of status because my I-94 on the passport has expired?
3. Should i get my i-94 updated ?
i have recieved i-797 approval for dec 3 2011 to dec 2014 .
If i get the i-94 corrected, will it effect my new approval record

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Attorney answers 2


1. Yes.
2. Technically, Yes.
3. It is too late for that.

It appears that USCIS has relied on it previous approval and not on your I-94 to extend your status.

You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.



Are you suggesting , that i leave it as is ? If i go to the CBP office to get the i94 corrected to reflect new dates will it cause an issue ? Can CBP correct the i-94 to add an entry for the dec 2010 to dec 2011 time frame(during that time i thought i was in status based on i-94 on my i-797 , different i-94 number though).


I agree with my colleague. You are technically out of status because your I-94 expired. Get the help of an experienced immigration attorney so your situation does not get more complicated.

DISCLAIMER: This answer is intended to provide general information only. No attorney-client relationship has been created by this posting.