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Thread: tricky I-94

  1. #1
    Here is my case.
    My H1B is effective from 03/2004 to 10/2007. I left US on 02/2004 and came back on 09/2004. When I entered, I got an I-94 good through 07/2005 due to my passport expiration date.
    According to the "last action rule" , which holds that the last I-94 issued to an individual governs their status, will my legal staying be finished on July, 2005? Or I could consider my statue will be extended automatically?
    I went to Ins field office and they said my status was "perfectly legal".
    I went to the CBP office and they said my first I-94, the one to 2007, is obsolete because of the "last action rule". And they won't correct the date because they didn't make mistake.

    I read a post here ,somebody said I should write a letter to INS.
    Does anyone have idea what kink of letter should I write? any form?

    I am in CA.

  2. #2
    Here is my case.
    My H1B is effective from 03/2004 to 10/2007. I left US on 02/2004 and came back on 09/2004. When I entered, I got an I-94 good through 07/2005 due to my passport expiration date.
    According to the "last action rule" , which holds that the last I-94 issued to an individual governs their status, will my legal staying be finished on July, 2005? Or I could consider my statue will be extended automatically?
    I went to Ins field office and they said my status was "perfectly legal".
    I went to the CBP office and they said my first I-94, the one to 2007, is obsolete because of the "last action rule". And they won't correct the date because they didn't make mistake.

    I read a post here ,somebody said I should write a letter to INS.
    Does anyone have idea what kink of letter should I write? any form?

    I am in CA.

  3. #3
    Which CBP office did you go to? The Field office or Deffered Inspection office? The CBP officer made a mistake when issuing the latest I-94 since just because your passport expires doesn't mean your legal status will expire along with it. Its true that the first I-94 is now obsolete since there's a newer I-94, but that new I-94 contains error that need to be corrected.

    Try contacting a different CBP office for another opinion if the first one refused to cooperate.

  4. #4
    I went to the deferred inspection office.
    The officer said they don't have right to change I-94 because there is no mistake in it.
    They obviously don't take this as a mistake

  5. #5
    As far as I'm aware, they are perfectly within their rights to limit the stay to the expiration of the passport. So it wasn't a mistake on their part, and so taking it to the office won't help. You're right: your stay ends in July 2005, and it won't be extended automatically.

    I think you'll either have to submit an extension of stay petition (even though your visa is valid.. I've known attorneys recommend that course of action to be safe, even when the immigration officer clearly just made a mistake)... or renew your passport and then go out and re-enter the US.. you should have your new passport and your old passport containing the visa with you.

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