CBP given I-94 about to Expire but I-94 on I-797A still valid.

[anilkumar123]

Hi All,

I have an issue with the expiration of I-94 date. I was with Company A and have a valid Visa stamping on my passport for the same company which is valid till Sep-2015. I moved to
company B last year and got my H1 transferred, which is valid till Aug-2016. Then went to India and re-entered USA after the H1-Transfer with Company A's visa stamping ( as it was still valid and my attorney said I don't need to get stamping again). But, my I-94 was given only till the expiration of my Visa Stamping which is Sep-2015 though my new I-797A is valid till Aug-2016. I also have the I-94 from my new I-797A which is valid till Aug-2016. Can anyone help me with the following questions:
1. I am not sure which I-94 should be valid?
2. If it is expiring in Sep-2015, then can I request CBP to update it to match the one on I-797A?
3. I went through the forum, but wasn't sure whether I can get it corrected in USA or need to go out of country and re-enter?

Any help is greatly appreciated.

Thanks,
Anil

[shervin143]

1. I am not sure which I-94 should be valid?
>>> Whichever I-94 you receive last will be the one that is effective. In your case the one that you receive at the POE. Search and read about the last action rule.

2. If it is expiring in Sep-2015, then can I request CBP to update it to match the one on I-797A?
>>> You can try. You have already started accumulating illegal stay since today is 24th Sept. Try CBP and if it doesn't work, leave and re-enter with the new petition.

3. I went through the forum, but wasn't sure whether I can get it corrected in USA or need to go out of country and re-enter?
>>> Your stay being illegal now, it is hard to get it corrected in U.S. But you can give it a try at the CBP post. If that doesn't work, leave the country immediately.

[anilkumar123]

Thank you very much for the info shervin143. My I-94 is valid till 29th Sep-2015, so I am still not in illegal stay right?
Also, can not leave and re-enter as my Visa stamping is also expired, I need to get a new Visa stamping before I re-enter.
Are you aware of the Automatic Revalidation? I was told by my attorney that I can try to leave to Canada or Mexico and re-enter under Automatic Revalidation, even though my Visa stamping is expired. I am still not sure whether I can do that or not at the Mexico border as CBP may not allow me. If I do, will that update my I-94 or not is also not sure.
Here is the link to the automatic revalidation info : http://travel.state.gov/contenthttps...alidation.html

Thanks,
Anil

[shervin143]

Thank you very much for the info shervin143. My I-94 is valid till 29th Sep-2015, so I am still not in illegal stay right?
>>> Well, you did not mention the date correctly in your initial post. I thought your I-94 has already expired. If it hasn't expired yet, then you are good. Try to go to the nearby CBP post. They may help. If not, you do not have enough time to file an extension. Leaving and re-entering is the only option.

Also, can not leave and re-enter as my Visa stamping is also expired, I need to get a new Visa stamping before I re-enter.
>>> Yes, you need a valid H1B visa to re-enter.

Are you aware of the Automatic Revalidation? I was told by my attorney that I can try to leave to Canada or Mexico and re-enter under Automatic Revalidation, even though my Visa stamping is expired. I am still not sure whether I can do that or not at the Mexico border as CBP may not allow me. If I do, will that update my I-94 or not is also not sure.
>>> That will not work in your case since your visa has expired. They won't let you in without a valid visa in which case you will get stuck there. No worth the risk.

[anilkumar123]

Thank you very much for the info again shervin143, I will make the necessary arrangements to leave and re-enter with the Visa.

Thanks,
Anil

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@Anil

What did you do to correct i94 ?