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mehtanitin
01-09-2016, 08:45 PM
Dear Sir,
My Wife and daughter who enter with me got differ date of i94 then the visa validity then what I have.

Case:
I am on H1B visa and have entered in US along with my wife and daughter on 12April 2014, We all got visa expiring date on 15 june2016. While entering US at port of entry, they gave me I-94 till my passport expiry dt. that is 15 june 2016 but my wife and daughter got I-94 till 15 june2014 only. i have noticed this difference now when I am submitting my case for extension thru my employer.
My employer is unable to file the case for my dependents due to their i-94 status, and since its more that 365 days I am really worried about its consequences.

It happened in ignorance as dates on my passport, visa validity and my i-94 was same 15june 2016, i have not realized that POE has given them different i-94 expiration dates which is 15june2014.

Passport of my wife and daughter is valid till dec 2023.
Kindly Advice.

wetfeet80
01-10-2016, 10:44 AM
Dear Sir,
My Wife and daughter who enter with me got differ date of i94 then the visa validity then what I have.

Case:
I am on H1B visa and have entered in US along with my wife and daughter on 12April 2014, We all got visa expiring date on 15 june2016. While entering US at port of entry, they gave me I-94 till my passport expiry dt. that is 15 june 2016 but my wife and daughter got I-94 till 15 june2014 only. i have noticed this difference now when I am submitting my case for extension thru my employer.
My employer is unable to file the case for my dependents due to their i-94 status, and since its more that 365 days I am really worried about its consequences.

It happened in ignorance as dates on my passport, visa validity and my i-94 was same 15june 2016, i have not realized that POE has given them different i-94 expiration dates which is 15june2014.

Passport of my wife and daughter is valid till dec 2023.
Kindly Advice.

You should immediately go to your nearest CBP deferred site. Just search for "CBP deferred site" and look for the nearest office (usually in international airport). Walk in there with printouts of I-94s and passport + I-797 etc. Tell them that there is some mistake with the I-94 expiry dates. The CBP officer there have the authority to correct it in their discretion. Worse they wont do it but there is not much to lose from trying. If they do it good, if they don't, then you have to contact a good attorney and they can get the I-94 reinstated. Does your dependents also have I-94 expiry dates noted on their passports?

Overall don't worry too much, it will get fixed via CBP or by an immigration attorney. Did you talk to your employer attorney and offered to bear the expense of getting it fixed by them? They should not have a problem filing their H4 extension along with paperwork to get the I-94 reinstated and you bearing the cost of that reinstatement. Before, all this do give a try at your nearest CBP deferred inspection site. I recently got my I-94 reissued at Newark Airport, though mine was not expired and I only needed extended date on that.

gnh
01-10-2016, 11:39 AM
You should immediately contact a immigration lawyer ... Don't waste time with CBP . It has been too long. Be very proactive as your wife and daughter can be banned from entering the US if it is not fixed.

wetfeet80
01-10-2016, 05:29 PM
You should immediately contact a immigration lawyer ... Don't waste time with CBP . It has been too long. Be very proactive as your wife and daughter can be banned from entering the US if it is not fixed.

It is not a waste of time at CBP. All he has to do is go there with a printout of I-94 and passports. It is just a 2-3 hours thing and CBP can fix it on the spot if they feel doing that. CBP has wide discretion in these matters, I myself went to CBP office 2 weeks back, was uncertain about it too. However I thought why not give it a try before contacting my employer attorney and luckily the CBP officer fixed my issue right there. There is no fees or expenses involved and at the worse the CBP officer will decline to make any changes.

hrpatel34
01-10-2016, 06:19 PM
As wetfeet80 said, try CBP near you. As it is issue with your dependents' I94, take them with you and all documents. They need to go to CBP.

gnh
01-11-2016, 06:05 AM
CBP will fix not fix a 2 year old issue ... His wife and daughter have been out of status for nearly 1.5 years.

foia
01-11-2016, 07:27 AM
CBP will fix not fix a 2 year old issue ... His wife and daughter have been out of status for nearly 1.5 years.

CBP does do that. Some of them like in south doesn't have much knowledge, but they have the authority. No harm in trying...

2008candid
01-11-2016, 08:34 AM
Just go to CBP, I had same experience in the past and they have corrected immediately.