I-797A has a previous I-94,but not the recent one

[Les]

Notice I-797A about i-129 (L1 extension) approval was dated 5 days earlier than the actual date of case approval on the site of USCIS.
Due to this error, we re-entered the US based on still valid visa without I-797A notice because even though the notice was issued, on arrival day we saw only status Case Received on the USCIS site .

So, the notice of extension has invalid i-94, not the most recent but the previous one.

Our lawyer said that I-129 should be filed again and they can do it because the most recent I-94 is valid till Feb 2022.

• Does it mean that I-539 and I-765 should be re-filed as well?
• Should previous I-129, I-539, and I-765 be withdrawn?
• Why CBP can't just correct the most recent I-94?

I-539 for L2 extension is approved, but I haven't received the notice yet, I-765 is pending.
Thank you.

[rkk09]

Hi Member,
I am sharing my view on this question. Please dont consider this answer as legal advice.. For any confirmation and legal advise, Please reach out to Immigration Attorney.

Does it mean that I-539 and I-765 should be re-filed as well?
Answer: I dont think, you will need to refile these petitions.. Just wait and see for the approval durations and proceed head, if you need to take any action on that.

Should previous I-129, I-539, and I-765 be withdrawn?
Answer: Not required.. What my understanding is, you will be filing the petition again only to correct I-94 error.

Why CBP can't just correct the most recent I-94?
Answer: Since you have filed the petition, it must be rectified through the petition and it must be done by USCIS.

All the best.
Thanks

[Les]

Thank you very much! Our attorney hasn't provided answer yet, but it's expected as all legal services are provided by company hired by employer and their lawyers seem to be overwhelmed and not very helpful.