I-94 Issue

[miryalan95]

Hello Everyone,

I travelled to India after my H1 got approved and returned to US before my H1 starts.
My h1 got approved on May-15-2017 and I travelled to India on July-15 to Aug-15, and my h1 starts from Oct-1-2017.
My Question is: Right now I have different I-94's, my attorney is saying we cannot apply your h1 extension as you have different I-94 on I-797 and Electronic I-94.

Did anyone faced this problem? Please help me out. What should I do, to update my I-94?

[scientist2016]

Hello Everyone,

I travelled to India after my H1 got approved and returned to US before my H1 starts.
My h1 got approved on May-15-2017 and I travelled to India on July-15 to Aug-15, and my h1 starts from Oct-1-2017.
My Question is: Right now I have different I-94's, my attorney is saying we cannot apply your h1 extension as you have different I-94 on I-797 and Electronic I-94.

Did anyone faced this problem? Please help me out. What should I do, to update my I-94?

The latest I94 is the one you should go by. If the I94 you received at the POE was after your H1, then it takes precedence.

[newacct]

The latest I94 is the one you should go by. If the I94 you received at the POE was after your H1, then it takes precedence.

But they said that they returned to the US before their new petition starts, and therefore before their new I-94 starts, so the new I-94 from the extension of status should take effect automatically on its starting date and supersede the one from entry.

[scientist2016]

But they said that they returned to the US before their new petition starts, and therefore before their new I-94 starts, so the new I-94 from the extension of status should take effect automatically on its starting date and supersede the one from entry.

That is what I meant to say newacct, thanks for the clarification. If the I94 that came along with their approved H1, starts at a later date than their entry, then it supersedes the I94 they got at POE.