CBP Officer did not set I-94 expiry date to match with new I-797

[lostpacket]

I successfully got visa stamping from company A in 2013. Their visa was valid until March 2015.
I changed employer from company A to company B in May 2014. I went to India and when I came back to US in November 2014, at the airport, the CBP officer did not give me I-94 expiry as per company B's petition expiry date which was August 2017.
In September 2015, I changed my employer back to company A. Their H-1B expired in August 2017 and now my extension is in progress.

I am planning to go to India for visa stamping on the latest extension. My concern is that will I be questioned about whether my stay was legal between March 2015 until now?
I have maintained all paychecks as per LCA throughout all years of my H-1B.

I am very scared of whether that will be an issue or not.

[kkinusa]

your I-94 is the only document that determines the expiry of your legal stay. when your I-94 issued on arrival was about to expire, you should have filed for a new I-94 and use that to maintain your legal status. the dates on your 797 dont matter, only the I94. So my guess is your legal status expired on the day your most recent I-94 expired.

Disclaimer: I am not a lawyer.

[lostpacket]

Whats next

So my next question would be, would CBP officer in the consulate or the one at port of entry raise this issue?
I do not want to get stuck in administrative processing nor do I want to get deported. I have been through administrative processing every time (twice) I went for stamping and its pain in the a**

[newacct]

I successfully got visa stamping from company A in 2013. Their visa was valid until March 2015.
I changed employer from company A to company B in May 2014. I went to India and when I came back to US in November 2014, at the airport, the CBP officer did not give me I-94 expiry as per company B's petition expiry date which was August 2017.
In September 2015, I changed my employer back to company A. Their H-1B expired in August 2017 and now my extension is in progress.

I am planning to go to India for visa stamping on the latest extension. My concern is that will I be questioned about whether my stay was legal between March 2015 until now?
I have maintained all paychecks as per LCA throughout all years of my H-1B.

I am very scared of whether that will be an issue or not.

The details are unclear.

So when you entered in Nov 2014, what was your I-94 until? March 2015?

You said you "changed your employer back to company A" in Sept 2015; so they applied for a new H1b petition for you? Did that H1b petition come with an extension of status? (i.e. did you get an I-797A, which should include a new I-94 as part of it)? Or did company A apply for the petition without extension of status (unlikely)? or did the extension of status get denied?

[lostpacket]

The details are unclear.

So when you entered in Nov 2014, what was your I-94 until? March 2015?

You said you "changed your employer back to company A" in Sept 2015; so they applied for a new H1b petition for you? Did that H1b petition come with an extension of status? (i.e. did you get an I-797A, which should include a new I-94 as part of it)? Or did company A apply for the petition without extension of status (unlikely)? or did the extension of status get denied?

When I entered in Nov 2014, my I-94 from old employer (company A) was valid until March 2015 and the one from new employer (company B) until 08/2017. I did not show the new employer (company B) I-797A I-94 to CBP officer.

In Sept 2015, company A applied for new H-1B petition with extension of status. I got I-797A. This I-94 number is same as the one I received from company B.
Extension of status was approved (and now I am extending the same status again).

[newacct]

When I entered in Nov 2014, my I-94 from old employer (company A) was valid until March 2015 and the one from new employer (company B) until 08/2017. I did not show the new employer (company B) I-797A I-94 to CBP officer.

I-94 is for a particular stay. When you left the US, you no longer had status and your I-94 ceased to exist, and when you entered the US again, you were given a new status and a new I-94. I am asking what the admit-until date was on that I-94.

In Sept 2015, company A applied for new H-1B petition with extension of status. I got I-797A. This I-94 number is same as the one I received from company B.
Extension of status was approved (and now I am extending the same status again).

If the extension of status was approved and you got an I-94, then you are in status.

[lostpacket]

I-94 is for a particular stay. When you left the US, you no longer had status and your I-94 ceased to exist, and when you entered the US again, you were given a new status and a new I-94. I am asking what the admit-until date was on that I-94.


If the extension of status was approved and you got an I-94, then you are in status.

The admit until date on my passport is 19-Mar-2015 and yet my extension was approproved for the petition filed in Sept 2015.
I am not sure if that was an error by USCIS as they didn't notice it neither my lawyer.

[scientist2016]

The admit until date on my passport is 19-Mar-2015 and yet my extension was approproved for the petition filed in Sept 2015.
I am not sure if that was an error by USCIS as they didn't notice it neither my lawyer.

So, to be clear, when your extension petition was acepted in September 2015, you got a I797A with a new I94, correct? If yes, then the admit until date on that I94 supersedes everything else, and you are in status.

[lostpacket]

So, to be clear, when your extension petition was acepted in September 2015, you got a I797A with a new I94, correct? If yes, then the admit until date on that I94 supersedes everything else, and you are in status.

By new did you mean a new number? The I-94 number I received from the extension applied in September 2015 is the same as the one I got from company B.

[newacct]

The admit until date on my passport is 19-Mar-2015

The entry stamp is not the I-94. If you entered by air since 2013, you probably got an electronic I-94. You should be able to find the I-94 from your most recent entry here (even though that I-94 is no longer valid as it has been superseded by the paper I-94 you got from a later extension). They usually put the I-94 date below the entry stamp, but sometimes they make a mistake and it doesn't match.

and yet my extension was approproved for the petition filed in Sept 2015.
I am not sure if that was an error by USCIS as they didn't notice it neither my lawyer.

I suspect what happened is when the applied for your petition extension and extension of status, they only submitted the I-94 from the extension of status you got with transfer to employer B, which appears to be unexpired, and USCIS didn't realize that that I-94 is no longer valid because you had already left the US. USCIS may not have realized that you re-entered and got a new I-94 that expired even earlier (if the I-94 really did expire earlier).

But anyway, if your second extension of status was approved, and you got an I-94, you are in status. But you might have a period of being out of status between March 2015 (if that is really when the I-94 you got at entry expired) and September 2015 when your extension of status was approved. Also, if the extension was mistakenly approved because the lawyers didn't submit your most recent I-94, I am not sure whether that could be some kind of misrepresentation or not.

[lostpacket]

I just now consulted another lawyer, explained all the situation and as per her I am in status. She did mention that, when I entered in US, I should have shown the new employer I-797A. However, that doesn't make you go out of status. Being in status or not is determined by USCIS and not CBP. I have maintained my status by being legally employed in US and receiving paychecks as per LCA. The employment was approved by USCIS.
I asked if that would be a problem while visa stamping, the response was that you could explain that CBP officer did not ask whether you are still employed with company A. CBP officer should have asked for new I-797. At the end of the day, CBP officer is only responsible for letting people in. CBP officer decided to let me in based on my visa stamp. The decision to remain in the US is made by USCIS and need to be proved by me by being employed for the period of I-797.

Now the next step is I will be extending the petition in premium and then go for visa stamping in India in December. I will update this case later on. Thanks for your responses.

[newacct]

I just now consulted another lawyer, explained all the situation and as per her I am in status. She did mention that, when I entered in US, I should have shown the new employer I-797A. However, that doesn't make you go out of status. Being in status or not is determined by USCIS and not CBP. I have maintained my status by being legally employed in US and receiving paychecks as per LCA. The employment was approved by USCIS.
I asked if that would be a problem while visa stamping, the response was that you could explain that CBP officer did not ask whether you are still employed with company A. CBP officer should have asked for new I-797. At the end of the day, CBP officer is only responsible for letting people in. CBP officer decided to let me in based on my visa stamp. The decision to remain in the US is made by USCIS and need to be proved by me by being employed for the period of I-797.

Now the next step is I will be extending the petition in premium and then go for visa stamping in India in December. I will update this case later on. Thanks for your responses.

That "lawyer" is absolutely wrong and you shoudn't talk to them again because they don't know what they are talking about. You cannot be in "status" beyond the date on your I-94. Both USCIS and CBP issue I-94s, and the latest one is the one that matters.

[lostpacket]

That "lawyer" is absolutely wrong and you shoudn't talk to them again because they don't know what they are talking about. You cannot be in "status" beyond the date on your I-94. Both USCIS and CBP issue I-94s, and the latest one is the one that matters.

Here is time line with I-94 details

03/2012 - company A applies for my H-1b
06/2012 - H-1b approved until 19-Mar-2015 I-94 = abc
05/2013 - Went to India, got stamping until 19-Mar-2015, returned
05/2014 - company B applies for H-1b
08/2014 - H-1B approved I-94 = xyz valid until 08/2017
11/2014 - Went to India, did not apply for stamping
12/2014 - Returned from India. CBP did not ask for petition with I-94 = xyz. Enters date of 19-Mar-2015 in passport
09/2015 - Company A applies for H-1b, gets approved. Same I-94 = xyz valid until 08/2017
07/2017 - Company A applies for extension

[newacct]

11/2014 - Went to India, did not apply for stamping
12/2014 - Returned from India. CBP did not ask for petition with I-94 = xyz. Enters date of 19-Mar-2015 in passport

When you left the US, the I-94 you had at that ceased to exist. When you entered the US again, you were given a new I-94; for people arriving by air since mid-2013, they got an electronic I-94. The date the officer wrote in the passport is supposed to be the date you are admitted until on your new I-94. You probably didn't check online for your electronic I-94, so we can assume that that I-94 said you were admitted until Mar 19, 2015. From that date until Sep 2015 when you got a new I-94 when the extension of status was approved, you were out of status and working illegally.