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I94 reflects near date compared to far I797 expiry date

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  • I94 reflects near date compared to far I797 expiry date

    Immi Team & All,

    Requesting proper direction for I94 expiry issue.

    I got I797A approved till FEB 2020. Checked I94, on right hand bottom corner, I94 shows 30Nov2019.

    Checked USCIS site for measures to be taken, guides to two ways.

    option1. Call USCIS ask to correct the date

    option2. Raise form I-102 to correct the I-94. ( in this case processing time for all locations is more than 4 months). If I apply for I-102 and receive receipt to correct I94 date, before 30Nov2019 and stay till Feb2020 - which is my I-797 expiry date, do I OVERSTAY. Should I be saying I overstayed in DS160 ?


    Should I leave now before 30Nov2020 outside USA and get stamping and be back to US and get my I94 corrected ?

    Your help is really appreciated. Thank you!!

  • #2
    Any possible third option which I could not figure out, please let me know.



    • #3
      You should start with Option 1. and if that does not work, go to option 2. But you must send the form and and get a receipt notice before the expiration of the current I-94. You can continue to work till this comes through

      Another option is for your attorney to file an H1 extension right away, since Feb 2020 is not too far away.
      Opinion only. Cannot be construed as legal advice.