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I-94 expires a year before H1-B.

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  • I-94 expires a year before H1-B.

    Hello,

    Here is my situation.
    I have H1-B visa approved in 2018 with expiry date 8/31/2021 and i-94 that came with H1-B expires on 9/9/2021, during above H1-B application I had old passport which expires on 8/9/2020.

    I had traveled to india during December 2019 with visa stamp which expires on 8/30/2021. While coming back to U.S in Dec 2019, during the immigration check, the CBP officer noticed that my passport about expire on 8/9/2020 and updated my i-94 to be expired on the same date as passport expiry.

    Now I have applied and received my new passport.

    Here are my questions regarding the whole situation.
    1) What are my options to extend my stay in U.S or have my i-94 extended?.
    2) Did my H1-B end date got updated to 8/9/20 because my i-94 got updated to that date?.
    3) Is it possible to travel outside of U.S(mexico, Canada) with new passport and get my i-94 updated while returning back?.
    4) If above question no: 2 is yes, then my employer has to file H1-B extension. if so and approved, Do I have to get the visa stamping again or can i travel using previous visa stamp which expires (8/30/21)?.

    Thank you in advance!!!

  • #2
    1) What are my options to extend my stay in U.S or have my i-94 extended?
    Drive to the border and get CBP to issue a new one.

    2) Did my H1-B end date got updated to 8/9/20 because my i-94 got updated to that date?
    NO, its just the I-94 date that expires earlier than the H1 due to the passport issue.

    3) Is it possible to travel outside of U.S(mexico, Canada) with new passport and get my i-94 updated while returning back?
    YES. If you are not within driving distance of the US border, then you can fly out and enter.

    4) If above question no: 2 is yes, then my employer has to file H1-B extension. if so and approved, Do I have to get the visa stamping again or can i travel using previous visa stamp which expires (8/30/21)?.
    Does not apply to you.
    Opinion only. Cannot be construed as legal advice.

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