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  • i-94 validity issue

    Hi,

    I need help to understand my i-94 validity. This is very urgent matter to me as I am travelling on Dec15, 2022 in two days.

    Below are the two key timelines:
    I have two i797-As :
    1. One valid from 01/04/2020 - 01/13/2023
    2. After H1b Extension in June, 2022 received another new i-797 valid from 01/04/2023 - 12/11/2025

    I returned to USA from India on Dec 2, 2019 and was issued i-94 at port of entry valid Until December 1st, 2022. The date of my return, Dec-2 2019, is almost one month before my current i-797(#a) starts to be effective.

    Given the above, I am likely still in status as the effective start date of the current i-797 was after I completed by travel in 2019 and that i-94 provided in the current i-797 would take precedence.

    Need help to determine which is the i-94 that is currently applicable. As per the last action rule, the i-94 in the i-797 should be applicable.

    I am looking for any help I can get at the earliest. Please help!

    Please let me know if there is any other information, I can provide.

    Thanks,
    Nilesh​

  • #2
    Did you get any good solution, I think I am facing similar kind of problem.
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    Last edited by catherine34; 03-23-2023, 12:27 AM.

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    • #3
      Originally posted by nilesh12345 View Post
      Hi,

      I need help to understand my i-94 validity. This is very urgent matter to me as I am travelling on Dec15, 2022 in two days.

      Below are the two key timelines:
      I have two i797-As :
      1. One valid from 01/04/2020 - 01/13/2023
      2. After H1b Extension in June, 2022 received another new i-797 valid from 01/04/2023 - 12/11/2025

      I returned to USA from India on Dec 2, 2019 and was issued i-94 at port of entry valid Until December 1st, 2022. The date of my return, Dec-2 2019, is almost one month before my current i-797(#a) starts to be effective.

      Given the above, I am likely still in status as the effective start date of the current i-797 was after I completed by travel in 2019 and that i-94 provided in the current i-797 would take precedence.

      Need help to determine which is the i-94 that is currently applicable polished concrete Corpus Christi​. As per the last action rule, the i-94 in the i-797 should be applicable.

      I am looking for any help I can get at the earliest. Please help!

      Please let me know if there is any other information, I can provide.

      Thanks,
      Nilesh​
      it is recommended to consult an immigration attorney or reach out to the U.S. Citizenship and Immigration Services (USCIS) or other relevant immigration authorities. Based on the information you provided, it seems that you have two I-797 approval notices with different validity periods. The first I-797, valid from 01/04/2020 to 01/13/2023, was issued before your travel in 2019. The second I-797, received after an H1B extension in June 2022, is valid from 01/04/2023 to 12/11/2025. Generally, the I-94 provided in your most recent I-797 approval notice would take precedence and determine your current lawful status. According to the "last action rule," the most recent action or document usually governs your immigration status. In your case, if the I-94 attached to your second I-797, valid from 01/04/2023 to 12/11/2025, was issued after your return to the U.S. on December 2, 2019, it is likely that this is the applicable I-94 and determines your current lawful status. To obtain accurate and up-to-date information regarding your specific case, it is highly recommended to consult an immigration attorney or contact the USCIS or U.S. Customs and Border Protection (CBP) directly. They will be able to review your complete immigration history, including your travel dates and I-94 records, and provide you with the most reliable guidance based on your situation. It's crucial to address this matter promptly, especially considering your upcoming travel. Seeking professional legal advice will help ensure that you have the correct understanding of your immigration status and can travel with confidence.

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