E2 visa renewal due to i94 expiration...HELP

  1. #1 E2 visa renewal due to i94 expiration...HELP
    sk22uab

    E2 visa renewal due to i94 expiration...HELP

    --> (hopefully soon)

    brief history:
    In '98 i came on a f1 student visa and went to HS for two years, then college for 5 years and since 2005 I have been working on an e2 visa for a german company in Tuscaloosa, AL. The i94 expiration has never been an issue since in the past I went home at least once a year to visit the fam. This past year however, my passport expired September 17th 2008. USCIS protocoll says that the i94 expiration should not be past the expiration date of the passport. I made a big mistake and did not keep up with the date. I was scared shitless when I found last week that I was out of status and illegal in the U.S. The company I worked for booked me a flight back to Germany asap and I got here this morning. I was on my 177 th day I believe. Since I have not stayed over 180 days what will be the consequences. Our lawyers advised me to go the embassy and re-apply for e2 visa. I work for a medium siyed company with about 15000 employees and I am hoping they will help me set up an appointment and explain the current situation. How do I prove to them that it was human error with no intent to break the law.
    I would just like to hear some thoughts on what I may have to face at the embassy and port of entry. My US employer expects me back within a month...or he said he will stop my paychecks from coming in and no more Atlanta Hawks games.

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  3. #2 E2 visa renewal due to i94 expiration...HELP
    Just Bob
    No offense, but your posting is a bit confusing, at least to me. It's not just your English, but somehow the timeline and conflicting visas don't seem to make sense.

    If you're working as a treaty trader on an E-2 visa in the US, this visa has an expiration date. If you have a German passport, that thing has an expiration date. And if you have an I-94, which is the arrival report in the US, that thing has an expiration date.

    Just guessing here, but if your E-2 was about to expire, you needed to file for an extension, something that can be done in the US.

    Why would your I-94 limit the duration of your permitted presence in the US and your expiring passport shorten the validity of your I-94?

    You can apply for a new passport in the US, assuming you are still legal there. No need to leave the country because of an expiring E-2, and no need to leave the country because of an expiring passport.

    There's one date that limits your legal presence in the US, and that's the expiration date on the E-2. It makes no sense that the E-2 gives you an expiration date and the I-94 gives you another.
    Geändert von Just Bob (08.07.2009 um 00:25 Uhr)

  4. #3 E2 visa renewal due to i94 expiration...HELP
    Toapert
    I'm pretty sure that sk22uab's problem has already been resolved. It's been 4 month

    But: An E-2 Visa holder's I-94 does not have the same expiration date as his visa does. Once the I-94 expires the visa holder is either required to make a nice little trip somewhere to obtain a new I-94 or he has to file for "extension of status"
    The visa may be valid for 5 years whereas the I-94 is never valid for more than 2 years (i think)

    Therefore sk22uab's predicament makes perfect sense

  5. #4 E2 visa renewal due to i94 expiration...HELP
    sk22uab

    A message for Mr. Bob

    Dear Mr. Bob,

    I'm sorry my post confused you. I did not know that I'm writing a term paper. It is your luck that we do not have to communicate on a daily basis. I would hate that for you.

    As for my actual problem, yes, it has been resolved.

    The U.S. consulate in Frankfurt issued me a new Visa. Instead of an E2 Visa I was issued an E1 visa. It is valid until 2014. My I-94 is now valid until 2011. I have a new passport that is valid until 2020 and I received my international DL which does not have an expiration date

    So...

    $ 2500.00 flight to Germany
    $ 1100.00 Attorney fees
    $ 100.00 Visa fees
    Being harrassed by my colleagues for what they thought was a three week vacation....PRICELESS

    Overall it was a very efficient trip...

  6. #5 E2 visa renewal due to i94 expiration...HELP
    sk22uab

    Also...

    Before you post...know your shit BOB.

  7. #6 E2 visa renewal due to i94 expiration...HELP
    Toapert
    I'm glad to read that everything turned out just fine. Keep an eye on that I-94 expiration date


    and please be nice, okay?

  8. #7 E2 visa renewal due to i94 expiration...HELP
    Gast14969
    Zitat Zitat von Toapert Beitrag anzeigen
    I'm pretty sure that sk22uab's problem has already been resolved. It's been 4 month

    But: An E-2 Visa holder's I-94 does not have the same expiration date as his visa does. Once the I-94 expires the visa holder is either required to make a nice little trip somewhere to obtain a new I-94 or he has to file for "extension of status"
    The visa may be valid for 5 years whereas the I-94 is never valid for more than 2 years (i think)

    Therefore sk22uab's predicament makes perfect sense
    Everything is absolutely right!

  9. #8 E2 visa renewal due to i94 expiration...HELP
    Just Bob
    Zitat Zitat von sk22uab Beitrag anzeigen
    Before you post...know your shit BOB.

    Watch your language when addressing me personally.
    Sh*t is what you eat; I just post relevant responses to issues that come up.

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