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    swetashah's Avatar
    swetashah Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 24, 2009, 12:36 PM
    Two I94 forms with different dates ;which one is valid?
    Hi,
    I wanted to know about legality of my and my husband's stay in usa.
    We have got two I94 forms with us. One when we returned from India on 1st dec 2008 and the other one which is mentioned on the petition of my husband's H1B extension till 08/20/2011.

    Now all we want to know that as per our passport the old i94 is valid till 24th February 2009 only while the I94 on H1B extension mentions its valid till 2011.

    So can somebody please tell us which is the valid date current condition. Is our stay in US is valid till the h1 approval date?
    We will be very helpful for the correspondence.

    Regards.
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
    		  
    #2

    Feb 24, 2009, 01:44 PM

    Not enough information. Did he enter on an H-1B visa? Whichever I-94was given to you most recently is the valid I-94. If you provide more information, I can give you better guidance.

    You state when he got the first I-94 and compare it to the validity period of the previous I-94.

    You should consult with an experienced immigration attorney immediately as TODAY is February 24, 2009. It looks as if the CBP inspections officer gave you a short-dated I-94. Did you show him the H-1B approval with the longer validity period? If so, they made a mistake and you may need to find the duty officer at the POE to correct it OR file an extension today.

    If this was helpful, rate this answer! Good luck.
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