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i94 expired, i797 valid
Hello,
I have a query regarding expired my i94. I have tried to explain my current scenario, kindly guide me.

Last year I visited India in February 2017. I had a valid passport which was expiring February 26, 2018 and my visa stamp was expiring in August 2017. But in May 2015 , my H1b visa was amended due to change in position, and I got new i797 with end date May 15, 2018.
I was about to file for an H1 visa extension, but it seems my i94 got expired on February 26,2018. My lawyer asked to visit POE in Newark airport, but they officials asked me to take an appointment.
When I called a number to schedule an appointment, the representative said that they cannot change the “admit till” date from February 26,2018 to May 15,2018 as my passport got expired, and did not let me schedule an appointment in person.
I informed the representative that I do have my new passport which was renewed this January. But she refused to accept my new passport, as I had used the old passport during my last visit to India.

When I informed my lawyer about this situation, she asked me not to work from today, as my i94 has expired. My employer is filing a new straight H1B visa ( not H1B extension) next week through premium processing , and they have currently terminated me from my current position.
Lawyer asked me to wait until I get my H1B approval notice which would be around 1st week of April, and then arrange an visa interview in India. It seems I can only work after I get my visa stamping and new i94.

a) Can someone kindly share your ideas regarding this situation. What shall I do?
b) Has anyone been through this situation?
c) has anyone taken visa interview date recently, so that I can know the available dates?
All Replies (4)

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