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
blerner@californiaimmigration.us
Offices in Los Angeles, Long Beach and the Philippines
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