How to get I94 updated after expiry and receives I797B while in USA

[ramuramu2585]

Hi All,

I have filled for my extension + amendment while in India and I traveled to USA before decision.I got my I94 with previous H1b validity.Now I got my extension approved, but I94 is expired.What could be the best steps to get new I94 after it got expired?

Please suggest me the best options.

[raghvi]

Hi All,

I have filled for my extension + amendment while in India and I traveled to USA before decision.I got my I94 with previous H1b validity.Now I got my extension approved, but I94 is expired.What could be the best steps to get new I94 after it got expired?

Please suggest me the best options.

You should have filed new I129 to get a revised I797 with new I-94 before current I-94 expiry.

This is my opinion not legal advice.

[newacct]

You could leave the US, get a new H1b visa, and re-enter.

If your I-94 hadn't expired yet, your company could file I-129 for extension of status. But since it's expired, you usually can't do this anymore. They can still try, giving a good reason for why it was filed late, but they don't have to accept it. Furthermore, a late filing does not protect you from accruing "unlawful presence", so even if they file, you are still accruing "unlawful presence" while waiting (and it takes many months to process), and if you accrue 180 days of "unlawful presence" and then leave, you trigger a 3-year ban. So you may end up having to leave and get a new visa without getting the response anyway.

[ramuramu2585]

Thank you very much for your valuable advice

You could leave the US, get a new H1b visa, and re-enter.

If your I-94 hadn't expired yet, your company could file I-129 for extension of status. But since it's expired, you usually can't do this anymore. They can still try, giving a good reason for why it was filed late, but they don't have to accept it. Furthermore, a late filing does not protect you from accruing "unlawful presence", so even if they file, you are still accruing "unlawful presence" while waiting (and it takes many months to process), and if you accrue 180 days of "unlawful presence" and then leave, you trigger a 3-year ban. So you may end up having to leave and get a new visa without getting the response anyway.

- - - Updated - - -

Thank you Raghvi for your suggestions .

You should have filed new I129 to get a revised I797 with new I-94 before current I-94 expiry.

This is my opinion not legal advice.