Re: expiring I-94


> crg14624 Wrote:
> > You may need to depart the US, and then reenter with the new
> > passport
> > and the old passport with visa. At that time you should make sure
> > they issue you a new I-94 until the December '06 date. Normally
> > someone would file an I-539 to extend their status, but this can't
> > be
> > done with an H. I suggest Canada, Mexico, or a foreign country on
> > an
> > adjacent island.
> >
> > Remaining past the expiration on the I-94 would void the visa and
> > start
> > the overstay clock.
> >
> > --
>
> do you know if crossing the canadian or mexican border for a few hours
> suffice, or is there some minimal 'out of country' time, even with a
> valid work visa?
>
> Posted via http://www.mymigration.net

Hi:

The germ of your question is in the law regarding returning PERANENT
residents [green card holders] and doesn't apply to non-immigrants.

The people at the original Port of Entry made a mistake BTW and applied
the rule applicable to short non-immigrant entries such as B-2 visitors.
This is a fairly common mistake. In fact, if caught early on, at least
in Los Angeles, they have a procedure in place to file the applicable
I-539 or I-129 withuout fee to correct the mistake.

The problem at the border is to get the inspectors to issue that new I-
94 rather than just admitting you on the old one. [BTW, there is a
small border crossing fee for issuance of the new I-94, I forget the
amount but $6.00 sticks in my mind -- everyone entering via an airport
pays this, but it is collected via the airline ticket payments].

--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com
.

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