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i94 on cbp expired but i797 i94 is valid

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  • i94 on cbp expired but i797 i94 is valid

    Hi

    I am on H1b visa.
    i found out that my i94 on cbp website is expired on 28 August 2019. Which means I am illigeal to work from last 3 months.
    But on i797A it is valid till 31 March 2020.
    Visa stamped on my passport also expired on 28 August 2019.

    What are options now?

    My employer attorney is suggesting Nunc pro tuc case.

    Can I work during that period NPT is under review. Will it cover my medical insurance.

    As my wife is also pregnant with 30 weeks, I am not able to decide what can I do.

    Can someone please help me it's very important
    ​​​​​​

  • #2
    Which one did you get last? Did you get Extension of Status approved, and then leave the US and re-enter? In that case, the electronic I-94 on the CBP website is the right I-94 (the previous I-94 became void when you left the US; status ends when you leave the US). Or did you enter the US and then get Extension of Status approved? In that case, the paper I-94 you got with your Extension of Status approval is the right I-94 (it superseded the previous I-94).

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

    Comment


    • #3
      Hi,
      I received the i797 approval first and then left US and rentered.

      I94 number and date in i797 is valid till March 2020, but on cbp website it is showing expired on August 2019.

      I went to Canada through land border and returned within 2 days.

      ​​​​​​
      i showed my i797a document during border crossing.
      Will it not be considered, mistake from cbp side.

      Can I go to CBP or USCIS office directly to get it corrected?

      Comment


      • #4
        Originally posted by Shubhamvijay View Post
        Hi,
        I received the i797 approval first and then left US and rentered.

        I94 number and date in i797 is valid till March 2020, but on cbp website it is showing expired on August 2019.

        I went to Canada through land border and returned within 2 days.

        ​​​​​​
        i showed my i797a document during border crossing.
        Will it not be considered, mistake from cbp side.

        Can I go to CBP or USCIS office directly to get it corrected?
        What was the expiration date of the passport you used to enter?

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

        Comment

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