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I-94 validity; valid I-797, valid stamped visa

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  • I-94 validity; valid I-797, valid stamped visa

    Hi,


    My current I-797 is expiring 4/23/2017. My employer duly filed my extension in December 2016 and I got a new I-797 valid from 4/24/2017 - 4/23/2020. This new I-797 has a I-94 attached to it which expires on 4/23/2020. I forgot to submit that while leaving the country.
    I visited my home country in January and got a new visa stamped till 4/24/2020. Upon my arrival i presented the office at the POE with the new I-797 which is valid the 4/23/2020, he stamped my passport with admit until date of May 2020.
    Seconds later he asked me show my current I-797 which is valid the 2/23/2017, he then cancelled the 2020 stamp and updated that to 2017. He also told that I need to check with my lawyers on how to get the i-94 updated without leaving the country or I can travel out the country and comeback to get my I-94 updated (Given the current state of affairs I want to avoid this if at all possible ).
    My company's immigration team tells me that the officer made a mistake and I can rely on the the I-94 attached with that extension which will kick in automatically in 4/24.

    Now my question is that does I-94 automatically kick in or should I visit the CBP office to get it corrected ? Also what should be mindful of so that I do not accrue illegal time ?

  • #2
    Originally posted by kevinshah1986 View Post
    Hi,


    My current I-797 is expiring 4/23/2017. My employer duly filed my extension in December 2016 and I got a new I-797 valid from 4/24/2017 - 4/23/2020. This new I-797 has a I-94 attached to it which expires on 4/23/2020. I forgot to submit that while leaving the country.
    I visited my home country in January and got a new visa stamped till 4/24/2020. Upon my arrival i presented the office at the POE with the new I-797 which is valid the 4/23/2020, he stamped my passport with admit until date of May 2020.
    Seconds later he asked me show my current I-797 which is valid the 2/23/2017, he then cancelled the 2020 stamp and updated that to 2017. He also told that I need to check with my lawyers on how to get the i-94 updated without leaving the country or I can travel out the country and comeback to get my I-94 updated (Given the current state of affairs I want to avoid this if at all possible ).
    My company's immigration team tells me that the officer made a mistake and I can rely on the the I-94 attached with that extension which will kick in automatically in 4/24.

    Now my question is that does I-94 automatically kick in or should I visit the CBP office to get it corrected ? Also what should be mindful of so that I do not accrue illegal time ?
    Technically the officer did not make a mistake as he earliest you can use the new petition was 10 days before its start date, that is 4/14/2017.

    I would advise to talk to an independent attorney OR to leave US before 4/14/2017 and return after 4/14/2017.

    This is my opinion not legal advice.

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