Misc.Immigration.Usa

Hi. My H14 visa was issued in 2000 and was stamped on my passport in
Dec.2001 during my trip to my homecountry (out of U.S.A)and has a
expiration date of November 2003. Now while returning to the U.S, the
immigration officer stamped the expiration date as DEc. 05/2001 in my
I-94 card. Now, which was is valid :
- the expiration date in I-94 or H1 visa ?

Please advise what to do.

Thanks.

Stuart Brook

"misc.immigration.usa" wrote:
    >
    > Hi. My H14 visa was issued in 2000 and was stamped on my passport in
    > Dec.2001 during my trip to my homecountry (out of U.S.A)and has a
    > expiration date of November 2003. Now while returning to the U.S, the
    > immigration officer stamped the expiration date as DEc. 05/2001 in my
    > I-94 card. Now, which was is valid :
    > - the expiration date in I-94 or H1 visa ?
    >
    > Please advise what to do.
    >
    > Thanks.

Both are "valid" ... but in different ways.

Remember that the VISA is permission to attempt to enter the US in the
status indicated on the visa (presumably you mean H1B and not H14). The
visa does NOT guarantee you admission but goes a long way. You were
given permission to attempt to enter the US in H1B status until Nov.
2003. This has no impact on how long you can STAY.

The I-94 card is your record of entry in the status (permitted by your
visa) ... in this case H1B. The expiry date on the I-94 is the date you
need to be out of the US by, or have the status extended.

If you entered in Dec 2001 how did your I-94 end up with an expiry of
Dec 5, 2001 ? Are you sure that's not the date of entry and not the
date of expiry ... it will say Admitted ___ Until _____ where the blanks
will be handwritten as H1B and some date. The stamped part of the date
is the date of entry.

If 5 Dec 2001 is actually written there, then you have a problem and
should see an immigration attorney fast, because it would appear that
there has been a mistake.

If you've made a typo, let us know the actual date written beside
"Until" and the actual date you were admitted.

Stuart

James Donovan

Think of a visa as a ticket to enter the USA. You can still be denied
entry. Your I-94 is like your ticket stub or receipt - it may differ from
what the actual ticket says.


"misc.immigration.usa" wrote in message
news:[email protected]...
    > Hi. My H14 visa was issued in 2000 and was stamped on my passport in
    > Dec.2001 during my trip to my homecountry (out of U.S.A)and has a
    > expiration date of November 2003. Now while returning to the U.S, the
    > immigration officer stamped the expiration date as DEc. 05/2001 in my
    > I-94 card. Now, which was is valid :
    > - the expiration date in I-94 or H1 visa ?
    > Please advise what to do.
    > Thanks.

Misc.Immigration.Usa

Thanks Stuart for the detailed explanation. But I did make a typo
mistake. The expiry date on the I-94 is Dec.05,2002. Please let me
know what to do. Do I need to get my I-94 extended ? If so, how ?

Thanks.



Stuart Brook wrote in message news:...
    > "misc.immigration.usa" wrote:
    > >
    > > Hi. My H14 visa was issued in 2000 and was stamped on my passport in
    > > Dec.2001 during my trip to my homecountry (out of U.S.A)and has a
    > > expiration date of November 2003. Now while returning to the U.S, the
    > > immigration officer stamped the expiration date as DEc. 05/2001 in my
    > > I-94 card. Now, which was is valid :
    > > - the expiration date in I-94 or H1 visa ?
    > >
    > > Please advise what to do.
    > >
    > > Thanks.
    >
    > Both are "valid" ... but in different ways.
    >
    > Remember that the VISA is permission to attempt to enter the US in the
    > status indicated on the visa (presumably you mean H1B and not H14). The
    > visa does NOT guarantee you admission but goes a long way. You were
    > given permission to attempt to enter the US in H1B status until Nov.
    > 2003. This has no impact on how long you can STAY.
    >
    > The I-94 card is your record of entry in the status (permitted by your
    > visa) ... in this case H1B. The expiry date on the I-94 is the date you
    > need to be out of the US by, or have the status extended.
    >
    > If you entered in Dec 2001 how did your I-94 end up with an expiry of
    > Dec 5, 2001 ? Are you sure that's not the date of entry and not the
    > date of expiry ... it will say Admitted ___ Until _____ where the blanks
    > will be handwritten as H1B and some date. The stamped part of the date
    > is the date of entry.
    >
    > If 5 Dec 2001 is actually written there, then you have a problem and
    > should see an immigration attorney fast, because it would appear that
    > there has been a mistake.
    >
    > If you've made a typo, let us know the actual date written beside
    > "Until" and the actual date you were admitted.
    >
    > Stuart

Stuart Brook

"misc.immigration.usa" wrote:
    >
    > Thanks Stuart for the detailed explanation. But I did make a typo
    > mistake. The expiry date on the I-94 is Dec.05,2002. Please let me
    > know what to do. Do I need to get my I-94 extended ? If so, how ?
    >
    > Thanks.
    >
    > Stuart Brook wrote in message news:...
    > > "misc.immigration.usa" wrote:
    > > >
    > > > Hi. My H14 visa was issued in 2000 and was stamped on my passport in
    > > > Dec.2001 during my trip to my homecountry (out of U.S.A)and has a
    > > > expiration date of November 2003. Now while returning to the U.S, the
    > > > immigration officer stamped the expiration date as DEc. 05/2001 in my
    > > > I-94 card. Now, which was is valid :
    > > > - the expiration date in I-94 or H1 visa ?
    > > >
    > > > Please advise what to do.
    > > >
    > > > Thanks.
    > >
    > > Both are "valid" ... but in different ways.
    > >
    > > Remember that the VISA is permission to attempt to enter the US in the
    > > status indicated on the visa (presumably you mean H1B and not H14). The
    > > visa does NOT guarantee you admission but goes a long way. You were
    > > given permission to attempt to enter the US in H1B status until Nov.
    > > 2003. This has no impact on how long you can STAY.
    > >
    > > The I-94 card is your record of entry in the status (permitted by your
    > > visa) ... in this case H1B. The expiry date on the I-94 is the date you
    > > need to be out of the US by, or have the status extended.
    > >
    > > If you entered in Dec 2001 how did your I-94 end up with an expiry of
    > > Dec 5, 2001 ? Are you sure that's not the date of entry and not the
    > > date of expiry ... it will say Admitted ___ Until _____ where the blanks
    > > will be handwritten as H1B and some date. The stamped part of the date
    > > is the date of entry.
    > >
    > > If 5 Dec 2001 is actually written there, then you have a problem and
    > > should see an immigration attorney fast, because it would appear that
    > > there has been a mistake.
    > >
    > > If you've made a typo, let us know the actual date written beside
    > > "Until" and the actual date you were admitted.
    > >
    > > Stuart

Yes, your employer needs to file for an extension for your I-94 in a
hurry. Use form I-129. They may want to contact their imm. atty. to
file it if they used one in the first place.

Armine

A question within a question:
what if the expiry date on I-94 in the password is missing? The stamp is there, but the date is blank. What that would mean?

Thanks,
Armine

Stuart Brook

Armine wrote:
    >
    > A question within a question:
    > what if the expiry date on I-94 in the password is missing? The stamp is
    > there, but the date is blank. What that would mean?
    >
    > Thanks,
    > Armine
    >
    > --
    > A. Gulbankian

Depends on the status that you were admitted. If as a visitor B1/2 on a
white I-94 then 183 days from date of issue. If on a green I-94W then
90 days from the date of issue. If a TN, then 1 year from the date of
issue. If an H1B, 3 years from the date of issue or your 6 year cap,
whatever comes first. If as a student then it's D/S ... duration of
studies.