I94 expired on cbp website but it is valid on i797

Hi

I am on H1b visa.
i found out that my i94 on cbp website is expired on 28 August 2019. Which means I am illigeal to work from last 3 months.
But on i797A it is valid till 31 March 2020.
Visa stamped on my passport also expired on 28 August 2019.

What are options now?

My employer attorney is suggesting Nunc pro tuc case.

Can I work during that period NPT is under review. Will it cover my medical insurance.

As my wife is also pregnant with 30 weeks, I am not able to decide what can I do.

​​​​​​​Can someone please help me it’s very important
​​​​​​

When was your i797 issued? After your last entry to US or before last entry?

If i797 was issued after your last entry to US, you are fine as long as the paper i94 attached to i797 has longer validity.

You can stay and work in US as long as Nunc Tunc Pro application is pending. But, there is no guarantee of getting an approval unless you have a good reason for overstaying.

Thanks for your response Anil,
My i797A was issued before my last entry to USA.

Is this not a clerical error?

What are my other options, should I go to USCIS/CBP office?

Thanks a lot for your advice.

Hi @Shubham_Vijayvargiya

It is not a mistake by CBP but you. Did you show your most recent i797 at the time of your most recently entry?

I think the best option at this time is to file NTP application.

Thanks Anil for your advice,
My company immigration team is also suggesting NPT process.

I still have to check with them with final details.

But can you please advise if I can work during the NPT process.

What are my chances to get it approved?

My wife is 30 week pregnant, should I just travel back now or wait for decision.

Your help would be greatly appreciated.

Hi @Shubham_Vijayvargiya

Nobody can tell you the chances of approval.

It depends on your reason of not filing an extension within time. Why did you not file the extension before i94 expiry?

Your attorney has to provide a very good reason for this overstay. Ignorance is not considered a valid reason.

But, it does not mean that cases are not approved with NPT. They do get approved but it depends on the valid reason.

You can work while NPT is pending.

Thanks Anil for your kind advice and quick response.

One last question, when you are saying that they should have filed extension before expiry, is that true in my case.

Don’t my existing i797 which is valid till March be taken into consideration?

Thanks again for all your help.

You have not mentioned the reason behind not filing the extension on time.

Your stay duration in US is governed by i94 and not your i797 validity. i797 validity only tells you the work authorization till a certain date but i94 date tells you how long you are permitted to stay in US legally.

You have to file an extension of i94 with USCIS before your current i94 expires or you have to go out and renter US and show the longer validity i797 to get an extended i94.

Once your i94 expires, you are present in US illegally if no extension has been filed on your behalf to extend your stay.

Thanks Anil for all your help.

Reason was that i94 validity on bottom part of i797A is till March 2020.

So we don’t realize that it is still August 2019 on cbp website. As it was not updated during my short visit to Canada at the border.

We noticed that now, and hence immigration team is planning to file NPT case.

I hope that NPT case goes in my favor.

It is okay if the new i94 is not updated on CBP website. The paper i94 is mostly not updated.

If you visited Canada and returned within 30 days, a new i94 is usually not issued. Did you ask for a new i94 or was issued any new i94 at US Canada border?

If not, then your i94 attached to i797 should be the most recent one and should be valid.

I think you are confusing a lot of things. Also, you have not told the whole story here in one go. You are telling the points as I ask you. I consider this wastage of both your and my time.

Anyways, I suggest to visit a local CBP office at closest international airport and ask them to update your online i94 record with the paper i94. They might do it right there or will tell you the correct date for your case.

With this new Canada information, i think that you have a valid i94.

Thanks Anil for all your help and advice.

Thanks for taking time out of thanks giving day.

Sorry for not providing all information at one go. I didn’t know that it was important.

I will try first at cbp office to get it corrected.

Thanks again for helping me.

Did you tell this information to your attorney? If yes, then they should have understood this point too.

I am pretty sure (based on your case) and if you returned from Canada within 30 days without a new i94, your paper i94 would still be valid.

Thanks Anil for all your help.

Yes I have informed them. My immigration team have my travel history, we will have final decision on Monday on next steps.

I will for sure take points for you advice and we will hopefully try the cbp step as first item.

Thanks again for all your help and advice.

Another question: Did you pay a $6 i94 fees at Canada border while entering US?

No, I didn’t. They never asked for it.

I came back within 3 days.

Ok…you should be fine then. First step should be to visit local CBP office and show your paper i94 attached to your i797.

Thanks Anil, I will do that first.

Thanks again for all your help. It is really helpful and assuring.

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@Anil.Gupta we got it resolved by talking to CBP office.

Thanks again for all your help and support.

Great @Shubham_Vijayvargiya

You owe me a coffee :coffee:

Enjoy.

For sure, I think I owe more than that :smile:

Thanks again.

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