I94 stamp different from Visa expiration date

[jminu]

Hi All,

I hold a H1B visa and I had it stamped in Chennai.

On my I797 the visa expiration date is Jun2012 and the same date appears in my visa as well.
But at the POE the officer informed me that since my passport expires on Nov2011, that is the date that he can give on my I94.

Now I have my passport renewed.
I know if I travel oustside the country and return I'll get a Jun2012 stamp. But if I dont travel outside by Nov 2011,
1. Am I still in status
2. What other options i have to get my I 94 corrected

Thanks
Minu

[shervin143]

If you don't want to travel outside U.S before the I-94 expiry date, then you have to file the H1B extension. The documents for extending the H1B should reach USCIS before the I-94 expiry date.
You can also try your luck at the local PCB post to see if they can issue you a new I-94 based on your renewed passport. But don't count on it. It rarely works based on the officer you meet.

[jminu]

Thanks for the response Shervin123

Could you pls clarify a couple of things

1. I already have a visa validity till Jun 2012 . Pls explain the reason why a visa extn will help solve my problem

2. My 6 yr tenure ends in Sep 2013. If i apply for visa extn now, will I get it extended till Sep 2013

Thanks in advance

[kabkaba]

Thanks for the response Shervin123

Could you pls clarify a couple of things

1. I already have a visa validity till Jun 2012 . Pls explain the reason why a visa extn will help solve my problem

It is extension of status that you need and not technically 'visa extension'. Exntesion of status in case of H1 is to be filed as a petition by the employer.

2. My 6 yr tenure ends in Sep 2013. If i apply for visa extn now, will I get it extended till Sep 2013

Your employer can file the petition requesting up to Sep 2013 and if USCIS is satisfied that the employer has a legitimate job until Sep 13, they will approve it until Sep 2013. The Visa in your passport will remain as it is but you will get a new I-94 with extended date.


Thanks in advance

See above.
Alternatively, you can simply travel to Canada/Mexico and return with the same visa and petition approval notice along with new passport in order to get a new I-94. You must do this before the current I-94 expires.

[jminu]

Thanks kabkaba.
'Extension of Status' would also result in a new I797 right?

Of the 2 options(considering the current trend) would you consider a travel out and into US a safer bet

[kabkaba]

Thanks kabkaba.
'Extension of Status' would also result in a new I797 right?
Yes with an I-94 at the bottom, 797 is just a form on which USCIS sends all receipt, approval and denial notices to all applications. I don't know how that matters to you.

Of the 2 options(considering the current trend) would you consider a travel out and into US a safer bet

It is up to you to decide.

[jminu]

General apprehension on sending any requests to USCIS...becos it comes with a possibility of acceptance or denial

[jminu]

Hi All,
As mentioned I have valid H1... If I want to go to Canada just to get my I94 corrected no stamping reqd, do I need any transit visa. I just want to travel to Canada and back(can stay in airport itself) ..in that case what will be the process

Thanks in advance

[kabkaba]

You will need Canadian Visitor Visa. Make sure you submit your I-94 to the airline (or to the Canadian entry official as you enter Canada by road) when you leave the US and you will receive a new I-94 as you return to the US.

[jminu]

Thanks..Also if I travel between Oct 22-Nov 3 will there be any issue ant POE or anywhere else... my current I94 is valid till 18 Nov. ie) is returning 15days prior to old I94 expirty an issue

[kabkaba]

Should be okay.