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Need advice on passport-expiry/employer-change/i94-extension scenario

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  • Need advice on passport-expiry/employer-change/i94-extension scenario

    Hello, I need advice on my situation.

    I am an Indian citizen in the US on a H1B visa. I was previously employed in company A till April 2017. My H1B visa's validity was until Sep 2019. I married and brought my spouse(on a H4 visa) to the US in March 2017. My passport(let's say passport 1) expires in Dec 2017. So when I entered the US along with my wife in March 2017, the 'admit until' date on mine and my spouse's i94 was put as my passport expiry date(Dec 2017) rather than the H1B end-date of Sep 2019.
    I was told by the customs officer to renew my passport and get the i94 dates extended for both me and my spouse.

    After I entered the US I changed employers in April 2017 to company B. I received a new i797 (valid till March 2020)and my wife's i539(also valid till March 2020) was also approved. I renewed my passport last month after I changed employers. I informed current company B's HR of my situation.
    My HR says I do not need to do anything else since my new I797 has a new i94 attached to it(valid till 2020), and my wife also has one through her approved I-539.

    But when I retrieve my I-94 from the CBP's website, I still see the old 'admit until' date(Dec 2017) and not the new extended one.
    My questions are:
    1) Will the 'admit until' date on the i94 from the CBP website only be updated after I travel outside and re-enter the US?
    2) Is any other action required from my end?
    3) In this scenario, is it ok to stay in the US past the date on the i94 from CBP's website?
    4) On my next visit to India, do I have to get any H1B stamping due to either employer change or due to new passport?

  • #2
    Originally posted by delayedvelocity View Post
    Hello, I need advice on my situation.

    I am an Indian citizen in the US on a H1B visa. I was previously employed in company A till April 2017. My H1B visa's validity was until Sep 2019. I married and brought my spouse(on a H4 visa) to the US in March 2017. My passport(let's say passport 1) expires in Dec 2017. So when I entered the US along with my wife in March 2017, the 'admit until' date on mine and my spouse's i94 was put as my passport expiry date(Dec 2017) rather than the H1B end-date of Sep 2019.
    I was told by the customs officer to renew my passport and get the i94 dates extended for both me and my spouse.

    After I entered the US I changed employers in April 2017 to company B. I received a new i797 (valid till March 2020)and my wife's i539(also valid till March 2020) was also approved. I renewed my passport last month after I changed employers. I informed current company B's HR of my situation.
    My HR says I do not need to do anything else since my new I797 has a new i94 attached to it(valid till 2020), and my wife also has one through her approved I-539.

    But when I retrieve my I-94 from the CBP's website, I still see the old 'admit until' date(Dec 2017) and not the new extended one.
    My questions are:
    1) Will the 'admit until' date on the i94 from the CBP website only be updated after I travel outside and re-enter the US?
    2) Is any other action required from my end?
    3) In this scenario, is it ok to stay in the US past the date on the i94 from CBP's website?
    4) On my next visit to India, do I have to get any H1B stamping due to either employer change or due to new passport?
    1) CBP's online I94s are updated only if you travel outside the US and re-enter.
    2) No
    3) Since both you and your wife have got new I94s with your respective extension petitions, they supersede any previous I94s. So yes it is OK.
    4) As long as your old visa is valid, you "need not" go for stamping. Visas are merely for entry in to the US, and do not dictate the legality or duration of your stay.
    Just an opinion; Not legal advice.

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