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  1. #1
    wzhy70 Guest

    I-94 has expired for 10 months. HELP!!!!!

    What is the name of your state? Illinoise

    I obtained my H-1B Status on Jan, 18 2002. The final approval notice from the INS listed the expiration date Jan 1, 2005.

    I went back to China to get married and came back in July 2002. (I got US Visa Stamp at Toronto, May 2002)

    When I entered the Ohare Airport in Chicago, the official saw my passport was expiring on July 2004. She wrote the expiration date on my I-94, Dec 21, 2003.

    I renewaled my passport last November till 2009; but I did not notice the expiring I-94 .

    This month, when I try to renewal my H-1B, I find out the I-94 has expired for 10 months.

    What shall I do?

    PS,
    My H-1 B visa stamp is still valid till Jan 1, 2005;
    My wife has her own F-1 Visa;
  2. #2
    wzhy70 Guest

    Can I fly back to China and fly back to US to get a new I-94?

    Can I drive to Mexico and come back to get a new I-94?
    or

    Can I fly back to China and fly back to US to get a new I-94?
  3. #3
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by wzhy70
    Can I drive to Mexico and come back to get a new I-94?
    or

    Can I fly back to China and fly back to US to get a new I-94?

    My response:

    Yes, and yes.

    IAAL
  4. #4
    wzhy70 Guest

    can we talk in details

    Thanks, I AM ALWAYS LIABLE
    Can you give me your contact info? so that i can talk with you in details about this.

    Someone told me that if i leave, I will not be able to come back in 3/10 years. But, as I know, if you drive to Mexico, your I-94 will not be collected by others. How do they(INS) know I leave USA after over stay for 10 months?

    If I fly to China, the airline company will collect the I-94. Will the airline company pass the I-94 to INS afterward? Will the INS System show my overstay?

    THANKS!!!!!!!!!!!!!!!!

    my email is [email]wzhy70@gmail.com[/email]
  5. #5
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by wzhy70
    Thanks, I AM ALWAYS LIABLE
    Can you give me your contact info? so that i can talk with you in details about this.

    Someone told me that if i leave, I will not be able to come back in 3/10 years. But, as I know, if you drive to Mexico, your I-94 will not be collected by others. How do they(INS) know I leave USA after over stay for 10 months?

    If I fly to China, the airline company will collect the I-94. Will the airline company pass the I-94 to INS afterward? Will the INS System show my overstay?

    THANKS!!!!!!!!!!!!!!!!

    my email is [email]wzhy70@gmail.com[/email]

    My response:

    If you go back to China before 12 months since your overstay, you'll be issued a new I-94 and be able to re-enter the United States. You'll be required to pay a small fine - - about $500.00. So, go back now before the end of 12 months. If you wait, you won't be able to come back. Go NOW!!

    IAAL
  6. #6
    ImmigAttyLana is offline Senior Member
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    Please don't listen to IAAL because the advice you are getting from him is ABSOLUTELY false. If you have overstayed your I-94 by 10 months, this is VERY SERIOUS and if you depart the US, you are possibly going to be barred from reentering the US for a period of 3 years.

    Do NOT leave the US under any circumstances unless and untiil you have consulted with a competent immigration attorney
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  7. #7
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by ImmigAttyLana
    Please don't listen to IAAL because the advice you are getting from him is ABSOLUTELY false. If you have overstayed your I-94 by 10 months, this is VERY SERIOUS and if you depart the US, you are possibly going to be barred from reentering the US for a period of 3 years.

    Do NOT leave the US under any circumstances unless and untiil you have consulted with a competent immigration attorney

    My response:

    He can leave any time he wants.
    All our writer needs to do is leave, and then come back to pay a fine.

    IAAL
    Last edited by m martin; 10-05-2004 at 03:47 PM.
  8. #8
    wzhy70 Guest

    Thank you both for your posts.

    Thank you both for your posts.

    Attorney Lana,
    Say, I drive pass US/Mexico boarder, Today, and fly back to US to reenter US for a new I-94 tomorrow.
    I am wondering, how can they/INS know I overstayed becaue no one collect I-94 at the US/Mexico boarder.

    Also, to I AM ALWAYS LIABLE,
    based on what, they will let me pay the $500 fine? how can they/INS know I overstayed becaue no one collect I-94 at the US/Mexico boarder.

    Thanks!!!!!!!
  9. #9
    ImmigAttyLana is offline Senior Member
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    They do not charge you the $500 because first of all, there is no such thing and secondly, this would not cure your situation anyway.

    As for your question, do you really think that the I-94 you have in your possession, which is now 10 months expired, is the ONLY copy of the I-94? Do you not realize that upon issuing you your copy of the I-94, the USCIS retains a copy for their records and these are updated in their computers?

    Really, if you think it were as easy as you say, then there would never be issues for anyone with an expired status.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  10. #10
    DEREKCH is offline Junior Member
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    Lana is right....

    Please do not leave the country and consult with a reputable (such as AILA) attorney IMMEDIATELY. If you leave the country, very little can be done to help you. However, if you are within the US - attorneys can help.

    10 months of Overstay is very serious.
  11. #11
    wzhy70 Guest

    Thanks!!!!!!!!

    I will definitly talk with an attorney Monday.
    Thank you very much!!!!!!!!
  12. #12
    I AM ALWAYS LIABLE is offline Senior Member
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    Quote Originally Posted by wzhy70
    I will definitly talk with an attorney Monday.
    Thank you very much!!!!!!!!

    My response:

    You're wasting your money. Lana is lying to you, hoping that you'll contact her so that she can charge you a retainer fee to do something that you can do for yourself. Your money will be better spent on a plane ticket.

    As long as you're here under 12 months of overstay, you can go back to your country, get your new I-94 with an updated stamp in your Visa, and be able to return with $500.00 at the United States Customs entry. That's it. Then you're back in the United States, free and clear.

    IAAL
  13. #13
    ImmigAttyLana is offline Senior Member
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    This is simply FALSE information, obviously being given by someone who knows next to nothing about immigration law.
    Thanks,
    Lana
    Immigration Attorney
    Admitted to practice in CA, AZ, IN and OH
  14. #14
    antonyall is offline Junior Member
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    6

    Do Not Leave The Us As Yet

    WZHY70, please do not leave the US as yet as you will be exposed to the three year bar as most people are telling you. I left the country after living there out of status for a total of 15 years and now the only way for me to reenter is for my employers to apply for a waiver of inabmissability on my behalf for educational purposes on type specific aircraft. There are other ways of course to obtain the waiver, but I heard that it may be quite difficult. Do not listen to the person, or thing identified as "I AM ALWAYS LIABLE". This individual dislikes foreigners trying to immigrate to the US be it legally or illegally. Fact is that foreigners are always flocking to the US, thank God, and they are staying there and making better lives for themselves and contributing to the American economy and even with deportations, no one can really stop em.
    Last edited by m martin; 10-05-2004 at 03:49 PM.
  15. #15
    SinkingFeeling Guest

    Whatever you do...

    DO NOT EVEN THINK OF GOING TO MEXICO!!! This used to be an easy way out for H1 holders to obtain visas so they can travel but NOT TRUE ANYMORE! The staff at the U.S. embassy in Mexico are not very knowledgable and CAN deny on a whim. I was there and learnt through a very painful. Anyone reading my post, please take heed.

    Also, do not leave the country!!!

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