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Confused on Rare H1 Case

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  • Confused on Rare H1 Case

    I got H1 i797 Approved for 3 years but US embassy in my Country only stamps visa for 1 year. Worst happened when I entered US officer only gave me 1 year i94. Now my Visa and I94 are expiring in couple of months but I still have 2 years I797 approval. What to do in this case?



    Any help will be highly appreciated.

  • #2
    Did you check your I-94 online? If you showed the officer your H1b petition approval notice, and he did not admit you until H1b petition approval, he made a mistake. Your period of admission should not have anything to do with visa validity. The only reason that he can admit you for a shorter time is if your passport expired sooner. So contact a CBP deferred inspection office to try to get it fixed.

    Otherwise, there are 2 options:
    1. Leave the US and re-enter. You don't need to get a new visa -- you can re-enter on your current visa up to the day it expires; they should still admit you until your H1b petition approval. Or
    2. Have your employer apply for an H1b extension along with extension of status inside the US.

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

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