Please help....My I-94 will expire in April but I-797 is valid till Nov - 2014

[Kumar_777]

Hi Friends,

I switched my employer in 2012 and he did visa transfer and received new I-797 approval till Nov-2014. I had short trip to India in 2013 and submitted my I-94 to airport authorities that I received through my I-797 approval document. When I came back to US my I-94 date moved backed to my Visa expiration date (April-2014).

Same thing I checked with my employer and he is ready to file H1-B extension again. Is it possible to file extension even I have valid I-797 approval for 9 more months (I heard we can apply only 6 months before expiry).
I am planing to go to Canada by land to get new I-94 at POE. Not sure whether it is right option to do.

Please advise. I have only one more month in hand to take any action.


Thanks in advance !!!!!!!!

[kadkhiq81]

Please help....My I-94 will expire in April but I-797 is valid till Nov - 2014

Your I94 expiration date is the authorized period to stay in the US.

Your trip Canada would not make much difference as your visa expiration date is gonna be your I94 date. You need to apply for an extension before your I94 expiry date.

This is my opinion.

[Kumar_777]

Your I94 expiration date is the authorized period to stay in the US.

Your trip Canada would not make much difference as your visa expiration date is gonna be your I94 date. You need to apply for an extension before your I94 expiry date.

This is my opinion.

Thank you kadkhiq81.. Do they issue I-94 based on my Visa stamped date (or) I-797 validity at Canada POE?? If my I-797 date is no use then I would like to go for extension only. But Shall I apply H1-B extension 9 months before my I-797 expiry (I heard I can apply only 6 months before my I-797 validity).


Guys ...Plzzzz let me know if anybody faced similar issue and applied extension??

[kadkhiq81]

Please help....My I-94 will expire in April but I-797 is valid till Nov - 2014

Yes, They issue I94 based on your stamped visa. You can apply for extension as your I94 is getting expired on Apr 2014. What did your attorney say?

This is my opinion.

[Kumar_777]

Yes, They issue I94 based on your stamped visa. You can apply for extension as your I94 is getting expired on Apr 2014. What did your attorney say?

This is my opinion.

Hi kadkhiq81;326650

My attorney told me that I need to apply H1-B extension again. But when I called CBP officer and explained situation.. she told me that I can get new I-94 with I-797 date when I go out and come back again (She suggested me to go Canada and come back and explain situation at POE) and other option she told me apply extension of stay using I-539 form.


Now I am kind of confusion state.

[kadkhiq81]

Please help....My I-94 will expire in April but I-797 is valid till Nov - 2014

I would go with your attorney. They are not going to deny your petition if you apply earlier and more over you have a valid reason to do so. Even if the RFE arises due to this, Your attorney would be best enough to handle that. I don't think anything to get confused as the answers are pretty much straight. It's upto you to decide instead of wasting your time.

Of course you can go out of country to give a try but If you ask me, I would not do that.

This is my opinion.

[Kumar_777]

I would go with your attorney. They are not going to deny your petition if you apply earlier and more over you have a valid reason to do so. Even if the RFE arises due to this, Your attorney would be best enough to handle that. I don't think anything to get confused as the answers are pretty much straight. It's upto you to decide instead of wasting your time.

Of course you can go out of country to give a try but If you ask me, I would not do that.

This is my opinion.

Thank you kadkhiq81..Really appreciate your help. I decided to file extension and keep other option as alternative.