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Will H1B extension got after I94 override the I94 expiration date?

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  • Will H1B extension got after I94 override the I94 expiration date?

    Have a valid H1B extn until April 2018; but I-94 expires on 02/13/2016
    I entered US on March 07, 2015 with a visa stamping valid until 29th Oct 2017.
    My old ppt was valid until 7 Feb 2015 and me new ppt is valid until May 2024.

    I'm not sure which ppt the immigration officer looked at. Probably it was my mistake that I showed both.
    He issued me an I-94 with validity only until 13 Feb 2016.

    However, in 2015, I changed jobs. So my new employer filed a petition in September and I got a I797 approval until April 2018.
    When they filed this transfer and extension, they had produced the most recent I-94 too.

    Does this new I-797 override the I-94 validity expiring in Feb 2016?
    Or should I file for extension of stay or go out of the US and come back with new stamping and I-94?

    Appreciate your help.

    Thanks.

  • #2
    Originally posted by archanak View Post
    Have a valid H1B extn until April 2018; but I-94 expires on 02/13/2016
    I entered US on March 07, 2015 with a visa stamping valid until 29th Oct 2017.
    My old ppt was valid until 7 Feb 2015 and me new ppt is valid until May 2024.

    I'm not sure which ppt the immigration officer looked at. Probably it was my mistake that I showed both.
    He issued me an I-94 with validity only until 13 Feb 2016.

    However, in 2015, I changed jobs. So my new employer filed a petition in September and I got a I797 approval until April 2018.
    When they filed this transfer and extension, they had produced the most recent I-94 too.

    Does this new I-797 override the I-94 validity expiring in Feb 2016?
    Or should I file for extension of stay or go out of the US and come back with new stamping and I-94?

    Appreciate your help.

    Thanks.
    on
    The latest I94 overrides previous ones. So the one that came with the extension overrides the one you got at the airport. Do remember to hand out your I94 whenever you leave US next. The nextbtime you re enter US the one the officer gives you at the POE would become the valid one and so on.

    This is my opinion not legal advice.

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