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Saisakshi3
08-11-2015, 03:05 PM
Hi All,

I need urgent advice I might be in big trouble.
I have valid h1b till dec 2015 . While I reentered US I got a new i94 which had incorrect date of Feb 2015 .Where as the i94 date as per my i797 is dec 2015 and thats my visa expiry date . I did not notice the incorrect i94 Date till I applied for extension . Now it's past 180 days and I don't know what to do. I will have to go to border security for correction of i94 .But even if he corrects I have passed my 180 days of stay. I have to file for extension also will it have any issues?Will the border security update the i94 be coz it's their mistake ?
Please suggest

Saisakshi3
08-11-2015, 09:51 PM
Can somebody please reply

DMX17
08-12-2015, 08:49 AM
Sorry for your situation.

You should contact a lawyer ASAP. Technical you are staying here beyond your allowed stay as dictated by the I-94 date (Feb 2015) and hence may be unlawfully present.

AceMan
08-12-2015, 09:57 AM
You should be fine with the renewal. If you get an RFE, you should respond stating the fact that you did not notice the incorrect date in I-94 and you were following I-797 date. That would be a reasonable explanation.

Bhishma
08-12-2015, 10:48 AM
Sorry for your situation.

You should contact a lawyer ASAP. Technical you are staying here beyond your allowed stay as dictated by the I-94 date (Feb 2015) and hence may be unlawfully present.

I concur. I am familiar with a handful of similar situations and technically you over stayed. You should seek legal advice and act fast.