I94 Expired just before 6 months...Now planning to leave country and reenter before 6 months


My I94 Expired in March 2016 and it was given as per my old passport. I applied for new passport after entering USA. My H1b stamped visa is till Sept end 2016. My employer was filing for extension and realized that my I94 is already expired and 6 months for I94 expiry will be completed after 10 days. I am planning to leave USA and reenter in coming week (before 6 months of I94 expiry date).

Will it be an issue when I try to renter as I stayed on expired I94 for almost 5.5 months?

Please Advise.


Your attorney is in a better position to advise you here.

Your overstay could cause an issue as your presence would be considered as illegal stay.