I94 not issued for new extended 797

[cyanide]

hi there,

I went to India during may and came back on Jun 8th. I have my VISA stamped until sept 2013, however, I had applied for a extension before flying and my employer sent me the extended new 797 to my india address. So the new 797 has H1B until Sept 2016.

At the port of entry, I showed the new 797 to the officer and he asked me why I did not get it stamped? I told him that I did not have the dates and I was not sure if I would get the extension before I finish vacation. He was satisfied with that answer, but he said he cannot renew my I94 since I have stamping only until Sept 2013.

Also, since there is this new process of electronic I94, I tracked my I94 on the CBP website and it shows validity only until Sept 2013.

Is this ok? or should I be worried? What is the process of getting a new I94 for my new 797?

Please help.

Thanks,
Pramod Pradhan

[raghvi]

Well firstly you need to apply for an extension in order to get the I94 to match your new petition. I94 is what governs your legal stay in US. You can go to nearest CBP office and try getting an updated I94, if that doesn't work you have to apply I539 for extension of status for you and your dependents. You better act fast as you have only few months, advisable to file in premium if possible.

This is ,y opinion not legal advice.

[cyanide]

Well firstly you need to apply for an extension in order to get the I94 to match your new petition. I94 is what governs your legal stay in US. You can go to nearest CBP office and try getting an updated I94, if that doesn't work you have to apply I539 for extension of status for you and your dependents. You better act fast as you have only few months, advisable to file in premium if possible.

This is ,y opinion not legal advice.

Hello Raghvi,

Thanks for your response. But I already have my extension. I had the new extended 797 with H1B until 2016 when I entered at IAD. But when I asked the officer, he did not give me the I94 extension.
So are you saying that I should take my new 797 and goto the nearest CBP office and get it updated?

Please advise.

~pramod pradhan

[raghvi]

Hello Raghvi,

Thanks for your response. But I already have my extension. I had the new extended 797 with H1B until 2016 when I entered at IAD. But when I asked the officer, he did not give me the I94 extension.
So are you saying that I should take my new 797 and goto the nearest CBP office and get it updated?

Please advise.

~pramod pradhan

Merely having an extended petition doesnt grant you legal stay. It has to be accompanied by a matching/valid I-94 too. As of now you can legally stay in US only till Sep 2013. In order to stay beyond that you need to get a new I-94. Now this can be done sometimes by simply going to the nearest CBP office and explanining to them and getting the records updated. Or by filing I539 ( which is usually accompanied by an I129 is its extension for H1). Talk to your company lawyer if still in doubt.

This is my opinion not legal advice.

[cyanide]

Merely having an extended petition doesnt grant you legal stay. It has to be accompanied by a matching/valid I-94 too. As of now you can legally stay in US only till Sep 2013. In order to stay beyond that you need to get a new I-94. Now this can be done sometimes by simply going to the nearest CBP office and explanining to them and getting the records updated. Or by filing I539 ( which is usually accompanied by an I129 is its extension for H1). Talk to your company lawyer if still in doubt.

This is my opinion not legal advice.

Thanks for the response Raghvi. I will talk to my company lawyer. I am more comfortable with immihelp replies, as my employer never responds.
I have one last question, the new 797 I recieved has the new I94 until 2016... is this not sufficient?

~pramod pradhan

[raghvi]

Thanks for the response Raghvi. I will talk to my company lawyer. I am more comfortable with immihelp replies, as my employer never responds.
I have one last question, the new 797 I recieved has the new I94 until 2016... is this not sufficient?

~pramod pradhan

Did you not hand over this I-94 when leaving US? One should hand over all I-94 in ones possession while leaving US. If not done, it can cause wrong record updation.

Oh sorry, I forgot that you had got the mailed approval to India address. Well technically your extension/transfer was approved but since you travelled out of US, the I-94 that came with the approval is no longer valid. The last I-94 that was issued at the POE with Sep 2013 would supercede the earlier one. You shoudl discuss with an immigration attorney to get the records strightened with USCIS.

This is my opinion not legal advice.

[cyanide]

Did you not hand over this I-94 when leaving US? One should hand over all I-94 in ones possession while leaving US. If not done, it can cause wrong record updation.

Oh sorry, I forgot that you had got the mailed approval to India address. Well technically your extension/transfer was approved but since you travelled out of US, the I-94 that came with the approval is no longer valid. The last I-94 that was issued at the POE with Sep 2013 would supercede the earlier one. You shoudl discuss with an immigration attorney to get the records strightened with USCIS.

This is my opinion not legal advice.

Thanks a ton for your time and response Raghvi. This helps a lot. I will talk to my employer and the attorney today and get this resolved ASAP.

Thanks again for your help.

~pramod pradhan

[santosh.v]

Hi pramod pradhan,

What is the update? how did you resolve this issue?

I forgot to show the new I797 at POE and I got the I94 with old visa end date? So, I94 and I797 dates are out of sync. Looking for address this issue?

Thanks,
Santosh

[cyanide]

Visit the CBP office @ your POE and they will fix it on the same day. Be ready to wait for 2-3hrs.

~pramod

Hi pramod pradhan,

What is the update? how did you resolve this issue?

I forgot to show the new I797 at POE and I got the I94 with old visa end date? So, I94 and I797 dates are out of sync. Looking for address this issue?

Thanks,
Santosh

[nehabehl]

Revalidation/restamping

Hi Me and my husband are scheduled for a visa interview for our extension. Our earlier visa expired in Oct 2014 and we have a valid I797 till Jul 2016.
Can anyone share their experience of interview questions asked for re stamping.
Also I have 11 month old baby who is a US citizen, Can I take him to the interview as I am not confident if our family would be able to handle him as he is meeting them for the first time and our interview is just 2 days after we land in India.

Any tips will be really helpful

Thanks In advance