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Valid H1B/i797b but expired i94 per passport validity

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  • Valid H1B/i797b but expired i94 per passport validity

    Hi everyone, my dear friend is in a tricky situation. His H1B visa and his i797b are valid until end of 2022 but his i94 expired 2 months ago when his old passport passport expired. He got a new passport already but he realized 3 days ago that his i94 expired. He told his company right away he needed to stop working until he got his situation straightened out.
    has anyone been in the same situation? Please share your experience thank you!!

  • #2
    He should go to a CBP border office and get a new I94 (no need to leave the country )
    second option is to file for extension of stay with USCIS (can be filed online within 1-2 days)
    Opinion only. Cannot be construed as legal advice.

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    • #3
      Hi, thanks for your input. He called CBP and they said to cross the border (they cannot do it on the US side only) but he’s afraid they won’t let him back in because he’s out of status. What do you think?
      As for extension of stay, can he still file it even though his i94 already expired? If so how long usually does it get to get an answer?
      thanks a lot!!

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