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  • Two Different Numbers

    Has anyone ever heard of this - the date of my friend's visa expiration is different from the expiration stamped on his I-90 Card. Does this make sense?? Which should he go by??

  • #2
    Has anyone ever heard of this - the date of my friend's visa expiration is different from the expiration stamped on his I-90 Card. Does this make sense?? Which should he go by??


    • #3
      Yes it makes sense. The visa's expiration date means as long as the visa is not expired your friend can come in and out of the US on that visa, subject to inspection at the POE always.

      The date on the I-94 means that after the agent at the POE had inspected your friend it was determined that the stay be no longer than that stated date.

      Many times some gets a tourist visa say good for 5 years. But the immigration doesn't necessary allow the person to stay on ONE trip for the whole five years. At the POE it will be determined how long a stay would be appropriate, based on the purpose.

      Your friend must leave by the I-94 date, or seek an extension or change status or adjust status (if appropriate) BEFORE that date.


      • #4
        Thanks for the info, although I am still a bit confused. The I-94 expiration date is AFTER his visa expiration date - which should he go by??


        • #5
          Check with the U.S. Consulate web site in your friend's home country regarding their issuing visas. Some countries have a reciprocity treaty with the U.S. and it will determine the duration of the visas. For example in Brazil even if the H1B is valid for 3 years, the visa will be issued for 2 years. Your friend will need to visit the U.S. consulate before the visa expires to obtain a new visa for the remaining of the period the visa was originally approved. You can also check on the State Department web site for the reciprocity table.


          • #6
            The visa and the arrival/departure card are two very different things. The visa allows an alien to apply for admission to the US while it is valid. The I-94 arrival/departure card indicates the length of time allowed in the US after admission.

            Analogy- the visa is like a library card and the I-94 is the stamp showing when the book is due. I have a card that is good through next September. I borrow a book. Do I get to keep it for a year? No. I have to return it in four weeks because that is the date stamped in the book. I borrow a book next September. Do I have to return it by the 30th when my card expires? No, I still get to keep it for the four weeks indicated by the stamp. Ooops, I forgot to return it on time. The library fines me $.10 per day. I guess that's better than a 3/10 year bar.


            • #7
              Funny analogy Old I'll ask one more time. Visa expires 10/30, I-94 expires 1/22/05 - do i need to apply for extension by 10/30??


              • #8
                Your question has already been answered at least twice.

                Visa only needs to be extended if the alien plans on re-entering the US on that visa. If the alien is already in the US then that alien can stay in lawful status until 1/22/05. The visa is a document used to get in the country (it has nothing to do with maintaining status once in).

                What kind of visa are we talking about? Note that some visas (e.g. K1) are single entry visas and cannot be extended.


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