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H1B extension with incorrect i94

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  • H1B extension with incorrect i94

    Hi, My H1B is going to expire by April 9th and my company just started filing for extension. In this process, I found that my I-94 is not updated with correct date of entry and visa(still shows F1 and date of entry as Jan 2019) but travel history has right information. But the last time I entered US is in March 2020 with H1B visa. And later in April 2020, due to change of location my company filed amendment using previous I-94(f1). And after that I never travelled out to US and therefore my I-94 still remains same(f1). Now during extension, law firm wants me get corrected I-94 and when I reached out to cbp, they refused to make correction as my earlier h1b visa expired in august 2022. But I have valid I-797 until April 2023.
    So, what are my options now? Will I-94 be updated in my case if I visit nearest deferred location? Can immigration lawyers file for extension with i94 present on i797 or with incorrect I-94? I don’t think I can exit and try for re-entry as I just have 1 more month left on h1b.
    Please help and let me know if any one has any information on this.​

  • #2
    I think when you say "your I-94", you are referring to CBP's I-94 website. But just because it shows something on that website doesn't mean it's your current I-94. That website only has I-94s issued by CBP at entry. If you got an Extension of Stay or Change of Status approved in the US after entry, you will get an I-797A approval notice from USCIS, with a paper I-94 as part of the page, and that will supersede any previous I-94s that you have been issued, so the I-94 on the CBP website from before is no longer valid. The new paper I-94 is the only valid I-94 you have now.

    So, if your I-797A's I-94 was from after your most recent entry, then you should not look at the I-94 from entry anymore. Whether the I-94 from entry was correct or incorrect doesn't matter for what you need to do now, because it has been superseded by a later I-94.

    On the other hand, if your I-797A was from a previous stay, and you subsequently left and re-entered the US afterwards, then your I-94 from your latest entry is the latest and only valid I-94, and the I-94 on I-797A is no longer valid, since that stay ended when you left the US. So it all depends on what order things happened in.

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

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    • #3
      Thank you for replying. But isn't it a problem if my H1B amendment is approved using the (not updated) i94? My i94 number is same throughout even if I went for stamping in between

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