Authorized Stay – Carefully Examine Your I-94 Expiration Date
I was recently consulted about an issue that seems to cause a lot of confusion - - and potentially big problems - - for individuals who arrive at a U.S. point of entry and get their I-94 forms stamped with an expiration date much earlier than the end date on their USCIS approval notice on the underlying visa petition.
For example, if an H1b petition is approved for a three year period by the USCIS, then in most cases, the I-94 will be stamped with an expiration date right to the end of that same 3 year period. But not always.
If, for example, the H1b visa holder’s passport expires before the USCIS period of authorized stay, then the I-94 is going to be stamped with an end date only to the end of the passport’s validity.
Sometimes, the Customs and Border Patrol officer at the point of entry simply makes a mistake. For example, he or she may stamp the I-94 with the date of the visa’s expiration. The visa’s expiration date may only be a few months beyond the date of entry rather than the full USCIS three year authorized period.
The bottom line is that you must always carefully check your I-94 at every single one of your entries into the U.S. If the date appears to be incorrect, ask about it right then and there and perhaps the problem can be resolved.
If the matter can’t be resolved, consult an immigration attorney. I have recently had two separate I-94 errors corrected by returning to the Philadelphia International Airport with a client, meeting with the CBP and explaining the clear error. In both cases, the CBP officer corrected the error.
Keep in mind that the expiration date on your I-94 is the end date of your period of authorized stay, even it’s sooner than the end date on your USCIS approval notice. You must depart the U.S. on or before the end date of your I-94 or else you will be in a period of unauthorized stay, facing the penalties imposed for those who overstay.
So check those I-94 forms every single time.
