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View Full Version : I-94 expired 250 days back,but have valid Visa till Sep2009


rajini_raju
Feb 24, 2009, 09:07 PM
Hi
type H1B
Entered USA-----------------: AUG 10th 2007
Old Passport valid till -------: JUNE 21st 2008 - renewed
I-94 issued till---------------: JUNE 21st 2008
Visa approved(stamped)---: SEP 30th 2009

Now I over stayed 250days, please help me what I have to do now. My company attarny says, I am danger.

PLEASE HELP ME

DCcityboy
Feb 24, 2009, 09:26 PM
Not enough information. You didn't file an extension of your I-94? Why not? Benched by employer? Did the attorney not notify the company of the I-94 expiration?

your H-1B visa is no longer valid. Void effective day of your I-94 overstay per INA section 222(g).

You are past the 180 days for section 212(a)(9)(B) for the three year bar, and when you hit the one year of ULP, you hit the ten year bar.

Do you qualify for permanent residence? If not you either (1) leave the US and trigger the bar, or (2) leave the US and apply for the NIV waiver under 212(d)(3).

You need to discuss with your own experienced immigration lawyer immediately. If this was helpful, rate this answer. Good luck.