Error in I-94 Card Corrected Nunc Pro Tunc at Airport

In the process of filing an I-485 Employment Based Adjustment of Status Application for the derivative spouse of a principal applicant, our lawyers discovered that the spouse had been issued by the US Embassy a 5 year visa for H-4 status instead of a visa for H-4 status through the duration of the principal applicant’s H-1B status. When the derivative spouse entered the U.S. with the H-4 visa, the CBP Officer at the airport mistakenly granted H-4 status through the expiration date of the incorrect visa of 5/15/2015. We wanted to ensure that the I-94 card was correct prior to filing the adjustment of status application so we sent the spouse to the Philadelphia International Airport with proof of the principal applicant’s H-1B status to request that the CBP correct the I-94 card and provide an expiration date the same as the expiration date of the Principal Applicant’s H-1B status. The CBP made the I-94 correction nunc pro tunc and upon receipt of the corrected I-94 card our law firm filed for adjustment of status for both the principal applicant and derivative spouse.

Leave us a reply