Legal Question in Immigration Law in New Jersey
Hello,
I am on H1b visa which is valid until sep 2015. I have my i 94 issue from airport valid until 11 june 2014 (which was my old passport expiration date). I renewed my passport and new passport expire in 2023.
I went to USCIS Local office they told me you r fine until your visa is valid. I was not really convince by them so i called CBP(Custom border Protection� they manage i94) they told me you have to fill out some form from uscis otherwise you can be out of status.
Online research have various answer.
I am really very confuse that whom to believe and I don�t want to be in trouble so can you please guide me about this so that i can do the process before its too late.
Thanks
3 Answers from Attorneys
The person you spoke with from USCIS is wrong. Your I-94 controls your authorized period of stay.
If you are a Canadian national, you can contact the CBP office at the international airport there & arrange to have them re-admit you with the new passport until September 2015.
If not, you could check and see if the local USCIS office has a Deferred Inspection office, which might be able to assist you.
The last alternative is leaving the country & being re-admitted.
I am unaware of any "form" that will rectify this situation. You should not file another I-129 & an I-539 is not going to help you, either.
Hello - this is a complicated question. Please call my office at (212) 968-8600. Kind regards, RDM
Hello:
When you are inside the U.S. it is not the visa that controls, but the I-94. If you want a new visa, you must get it at the Consulate.
Regards,
Brian D. Lerner
Attorney at Law
Certified Specialist in Immigration and Nationality Law www.californiaimmigration.us
Offices in Los Angeles, Long Beach and the Philippines
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