wzhy70

I obtained my H-1B Status on Jan, 18 2002. The final approval notice from the INS listed the expiration date Jan 1, 2005.

I went back to China to get married and came back in July 2002. When I enter the O'hare Airport in Chicago, the official saw my passport was expiring on July 2004. She wrote the expiration date on my I-94 Dec 21, 2003.

I renewal my passport last November till 2009. but I did not notice the I-94 expiring.
This month, I m going to renewal my H-1B, I find out the I-94 has expired for 10 months.

What shall I do?????????????????????????

Can I drive pass US/Mexico boarder and fly back to US to reenter US for a new I-94. Will they findout I overstayed for 10 months and bar me for 3-10 years no reenter US?

I am wondering, how can they/INS know I overstayed becaue no one collect I-94 at the US/Mexico boarder.

Or, I should just surrender myself to INS and at their mercy??????

crg

The instructions on the I-94 advise you to turn it in on the way out. You have the burden to prove that you didn't overstay if the slip is lost or not turned in.

You are already barred for 3 years, and in two months it will be 10. The ground of inadmissibility automatically goes into effect. The border officials may not realize that you have that bar in place, but they could. Even if they let you in this time, they can always enforce the bar in the future if they realize it.

You'll need a new H1B visa annotated with a waiver to reenter. I know of an E-2 who had the exact same problem. The E-2 was only given 6 months due to passport validity. He renewed the passport, but never sent for the new I-94. He went to Canada and was caught on the way back at the border and allowed to withdraw his application for admission. It took him about 5 weeks to go back to his home country, get the visa with the waiver and return. If the E-2 had tried to lie his way in then he probably have been ordered removed and barred for 5 years which is much harder to get a waiver for.

The visa you carry now is no longer valid for travel to the US because you overstayed it (section 222(g)). They can easily order someone removed at the border when they don't have a valid visa.

You also need to get the new visa in your home country, or country of last residence. Section 222(g) prevents you from getting a new visa in Canada unless you used to reside there. You'd have to travel to China for the new visa.

You should travel to China and try to get a new visa from the consulate. They'd probably help you get back on the right path and get you a new visa unless you try to get sneaky about it.

Sylvia Ottemoeller

"wzhy70" <member29972@british_expats.com> wrote in message
news:[email protected] m...

    > I obtained my H-1B Status on Jan, 18 2002. The final approval notice
    > from the INS listed the expiration date Jan 1, 2005.
    > I went back to China to get married and came back in July 2002. When
    > I enter the O'hare Airport in Chicago, the official saw my passport
    > was expiring on July 2004. She wrote the expiration date on my I-94
    > Dec 21, 2003.
    > I renewal my passport last November till 2009. but I did not notice the
    > I-94 expiring.
    > This month, I m going to renewal my H-1B, I find out the I-94 has
    > expired for 10 months.
    > What shall I do?????????????????????????

Immediately -- have a consultation with a really good immigration attorney.

    > Can I drive pass US/Mexico boarder and fly back to US to reenter US for
    > a new I-94. Will they findout I overstayed for 10 months and bar me for
    > 3-10 years no reenter US?

It's a possibility -- just about everything is in the computer databases
nowadays. And even if you get away with it, you will be setting yourself up
for much worse trouble later on. Don't even *think* about trying this.

    > I am wondering, how can they/INS know I overstayed becaue no one collect
    > I-94 at the US/Mexico boarder.

There is information in the computer databases about the original entry.
And they simply ask you where you have been, and you had better not lie,
unless you don't particularly care if you are banned from the U.S. for a
long time. Fraud or misrepresentation is a more serious violation than
unlawful presence.

    > Or, I should just surrender myself to INS and at their mercy??????

The solution will be along the lines that crg described.

wzhy70

Thanks