I-94

I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on "Unlawful Presence".

What happens if you overstay your I-94

1 year ago By Chief Editor

Question details

Parents came to the USA on a B-2 Visa in March 2021. I have requested an I-539 extension in August 2021 due to COVID and they stayed till Jan 2022. Eventually the extension got denied. Is this a problem?

FAQ Transcript

The government will say as one has overstayed their I-94, they will now be subject to section 222(g). If you overstay your I-94 the visa stamp on your passport is automatically canceled, so you have to apply for a new visa. For more details on this issue, visit my author page on The Economic Times.

H-1B was approved with a new I-94 but the date of onboarding was extended by the employer

1 year ago By Chief Editor

Question details

I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

FAQ Transcript

That is not your problem, they should be really paying you. It is illegal. They cannot keep the employee out of a payroll. Employers cannot stop paying you merely because they don't have a project.

Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA

1 year ago By Chief Editor 2 comments

Question details

I had filed for my parent's green card in July' 2022. It is concurrent filing.

The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.

The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.

Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?

Also wanted to know:

Will I need to withdraw the I-130 petitions that I had filed for them ?

Will this impact their existing B-2 (visitor) visa? Will it still be valid?

FAQ Transcript

1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.

2. If they leave before November 30th their visitor visa should not be affected.

What happens if I get laid off while holding a work visa (H-1B, L-1, etc.)?

2 years ago By Rajiv S. Khanna

What happens if I get laid off while holding a work visa (H-1B, L-1, etc.)?

2 years ago By Chief Editor

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Nonimmigrant Visas

Immigration Law

Laid off

Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv

2 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

DS-160

Green Card

FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||

USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

2 years ago By Chief Editor

Release Date

03/18/2022

U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.

Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions

2 years ago By Chief Editor

Question details

We live in Delaware. We had extended my parent's B2 Visa twice in the past. Once in 2016 and it was approved. Second time in 2018, but they went back to India before the decision on extension. For the second extension, we got a letter from USCIS stating, "Since they left the country, USCIS is not approving the extension, However they can travel again"

Again in 2019, they came and left the US in 6 months.

This year, they came last week on Jan 31 2022, but CBP in Philadelphia airport took them for inspection at the port of entry. After a long wait time, CBP came back and told them that they had overstayed and they had canceled their B2 Visa. CBP gave a letter that they can stay for three months and leave the country before April 30.

Though we followed the process defined, we are really not sure why they canceled the visa.

With this situation, Can you please advise what is our option,

1. Can we appeal for visa reinstatement?

2. Can we go back to the country and apply for a B2 Visa again in May ? Or should we wait for some time before applying again?

FAQ Transcript

I think you should bring this up to your congressman's office. Maybe you can even tell them what you heard from me that this is an inappropriate application of 222(g), within the Department of State standard operating procedures that's called FAM (Foreign Affairs Manual) it clearly says if you leave while the application is pending you are not subject to 222(g).

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

April 1, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?

Locating I-94 Online

10 years ago By Chief Editor

Question details

I can't locate my I-94 online. What should I do?

If you tried to retrieve your I-94 from the cbp.gov online system and you receive a response that your I-94 is "Not Found", please read the following questions to help you check for mistakes and try to enter the information again:

1. Did you enter your first and last name the same way it appears on your passport? Please do not use dashes or titles.

2. Did you enter the passport number that appears on the upper right hand side of your passport?

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