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I-94 with old employer visa expiry date but have new I-797 petition(changed job)

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  • I-94 with old employer visa expiry date but have new I-797 petition(changed job)

    Hi,

    I have H1B visa stamped from old employer till Sep 2013. I had changed job and in May 2013 I went to India and entered back on old employer H1B visa.
    The immigration office at port of entry put the old employer visa expiry date as the expiry date on I-94. I requested the officer that I have new I-797 petition so I should get I-94 with new I-797 expiry date. But office insisted that they can issue I-94 only on the basis of Visa expiry date. If I want to get the I-94 date corrected then I should go to USCIS office. I went to local USCIS office they gave me I-102 form and asked me to complete this and send it to USCIS office.

    I am not sure whether I am doing the right things to get my I-94 expiry date corrected or not.

    Please suggest on this. I will really appreciate your help on this.


    Thanks,
    Vijay

  • #2
    Go to a CBP deferred inspection site at a nearby international airport and they may be able to correct it for you. USCIS and I-102 has nothing to do with this.
    If they don't do it, you have two options to get a new extended I-94. 1. Your employer can file a petition amendment to extend your status. 2. You can travel outside and return.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Go to a CBP deferred inspection site at a nearby international airport and they may be able to correct it for you. USCIS and I-102 has nothing to do with this.
      If they don't do it, you have two options to get a new extended I-94. 1. Your employer can file a petition amendment to extend your status. 2. You can travel outside and return.
      Thanks for your reply. I went to CBP office and they said they can not extend my I-94 since they issue I-94 only on the basis of visa expiry date.
      I think I should go for one of the above suggested ways.

      Thanks,
      Vijay

      Comment


      • #4
        Please let me know how did you do it

        Originally posted by kumar_vijay7 View Post
        Thanks for your reply. I went to CBP office and they said they can not extend my I-94 since they issue I-94 only on the basis of visa expiry date.
        I think I should go for one of the above suggested ways.

        Thanks,
        Vijay
        Hi, Can you please let me know what you did finally. I am in same situation and my attorney says I should leave the country and come back. Please help me.

        Comment

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