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  • I-94 issue

    I last entered the US in January 2016. The H1-B visa I had stamped in my passport was expiring in December 2016 and my passport is going to expire in third week of August 2017. Frankly, I did not bother to check my electronically generated I-94 that time. After that, when my H1-B visa was about to expire (before December 2016), my employer filed H1-B visa extension for me and we got that approved before my previous H1-B visa expired. New I-797 (H-1B visa approval notice) also has I-94 on the bottom half page on page 1. That has got 'expiry date' of May 2018.

    Now, when I checked my electronically generated I-94 recently, it has the 'Admit until date' of August 2017, which matches with my passport expiration date. I have applied for renewal of my passport and I may be getting it this week.

    But, how to get the date on my electronically generated I-94 match with the date on I-94 on the bottom portion of my new I-797 (H1-B visa approval notice)?

    Which is my current I-94 and the current Admit until date (one on electronically generated I-94 from CBP or the one on bottom half of I-797)?

    What are the solutions?

  • #2
    Originally posted by myvisastatus View Post
    I last entered the US in January 2016. The H1-B visa I had stamped in my passport was expiring in December 2016 and my passport is going to expire in third week of August 2017. Frankly, I did not bother to check my electronically generated I-94 that time. After that, when my H1-B visa was about to expire (before December 2016), my employer filed H1-B visa extension for me and we got that approved before my previous H1-B visa expired. New I-797 (H-1B visa approval notice) also has I-94 on the bottom half page on page 1. That has got 'expiry date' of May 2018.

    Now, when I checked my electronically generated I-94 recently, it has the 'Admit until date' of August 2017, which matches with my passport expiration date. I have applied for renewal of my passport and I may be getting it this week.

    But, how to get the date on my electronically generated I-94 match with the date on I-94 on the bottom portion of my new I-797 (H1-B visa approval notice)?

    Which is my current I-94 and the current Admit until date (one on electronically generated I-94 from CBP or the one on bottom half of I-797)?

    What are the solutions?
    Extensions approved by USCIS while in US and I-94 associated with these I797 do not reflect on the CBP portal. You can try to go to nearest CBP office and request that their online records be changed, but they may not comply.

    The latest I-94 associated with the I797 will be the current one as that was the last action taken on your stay.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Extensions approved by USCIS while in US and I-94 associated with these I797 do not reflect on the CBP portal. You can try to go to nearest CBP office and request that their online records be changed, but they may not comply.

      The latest I-94 associated with the I797 will be the current one as that was the last action taken on your stay.

      This is my opinion not legal advice.
      Thanks for your response, Raghvi!

      "The latest I-94 associated with the I797 will be the current one as that was the last action taken on your stay."

      So, does the I-94 on the bottom portion of first page of I-797 override the electronic I-94 from CBP?

      Comment


      • #4
        Originally posted by myvisastatus View Post
        Thanks for your response, Raghvi!

        "The latest I-94 associated with the I797 will be the current one as that was the last action taken on your stay."

        So, does the I-94 on the bottom portion of first page of I-797 override the electronic I-94 from CBP?
        yes

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          yes
          Thanks for the response, newacct!

          I am concerned, as I have seen some posts, where people were suggested to make a trip out of US and come back and my attorney is also suggesting me the same thing this time.

          Comment


          • #6
            Originally posted by myvisastatus View Post
            Thanks for the response, newacct!

            I am concerned, as I have seen some posts, where people were suggested to make a trip out of US and come back and my attorney is also suggesting me the same thing this time.
            Read around about the last action rule.

            This is my opinion not legal advice

            Comment

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