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  • Question regarding new I-94 while in the US

    Hello,

    In June 2016, I got my H1 (and my wife's H4) extended for 3 year till June 2019.
    I got the H1 & H4 stamped in Mexico and entered via San Diego

    Since my Passport was only valid till June 2018, I got the I-94 only till June 2018.
    Also, this was a paper I-94 as they still give paper based I-94's during entry via land.

    So, now, How can I get a new I-94 till June 2019 (end of my H1 stamping) without leaving the country ?

    Also, do I need a new I-94 or the one attached to my I-797 is enough.

    Thanks

  • #2
    Originally posted by g_2k3 View Post
    Hello,

    In June 2016, I got my H1 (and my wife's H4) extended for 3 year till June 2019.
    I got the H1 & H4 stamped in Mexico and entered via San Diego

    Since my Passport was only valid till June 2018, I got the I-94 only till June 2018.
    Also, this was a paper I-94 as they still give paper based I-94's during entry via land.

    So, now, How can I get a new I-94 till June 2019 (end of my H1 stamping) without leaving the country ?

    Also, do I need a new I-94 or the one attached to my I-797 is enough.

    Thanks
    The only way to extend H1b status without leaving the US is to have your employer file I-129 again to extend your status.

    You only have one valid I-94 at a time, so it's the I-94 you got last that matters. It sounds like you got an extension of the petition and extension of status first, and then you left the US (you cease to have status when you are out of the US and your I-94 ceases to be valid), and then you re-enter the US, at which point you are admitted based on your visa and given a new I-94. If so, then this is the only valid I-94. If on the other hand, after you entered, you got an extension of status approved, then attached to the extension of status approval is a new I-94 and that I-94 supersedes the previous I-94. So it all depends on the order.

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

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