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Two I797's and two I94's, want to know which is active

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  • Two I797's and two I94's, want to know which is active


    I have done my masters in USA and started working. Last year my employer (One of MNC's from India) has filed my H1B petition and got it approved, once I received the approval notice it is I797B without I94. And then I questioned the employer and they said I can go for visa stamping with I797B. In Dec 2012 I went to India for visa stamping and got it stamped without any issues. I returned to USA on 31st Dec 2012 and got a new I94.

    Today I received another email from the employer that the request they made to correct I797B to I797A has been approved and it is I797A with a new I94. The new I94 received had the I94 number same as the one which I surrendered to Immigration officer while I was leaving to India.

    Both the petitions I797B and I797A have different receipt WAC number on it.

    I am confused now, which I94 is currently valid and is there a way to know what petition is valid now. It would be really appreciated if anyone can give me suggestions.


  • #2
    It doesn't really matter since in case of H1 both will have the same expiry date, keep copies of both with you for your records.
    This is my opinion and not legal advice.