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H1-B : Applied for Amendment from India , got I797 with I94

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  • H1-B : Applied for Amendment from India , got I797 with I94

    Hi ,

    My Ex- Employer applied for my First H1-B VISA and was approved , but later they had to file for an amendment for location change(before i even travelled ).
    When i got the I797 for amendment approval it has I94 also ,

    This means an extension was also applied ? if so, its not possible to apply for extension when im still in india or is it the case we get I94 with I797 if amendment is applied.

    Should i get initial I797 also from my ex-employer ? or amended I797 is enough.

    Thanks

  • #2
    Not sure how you got a new I-94 attached to the approval notice when you are outside U.S. It could be a mistake at the USCIS part. Youcan return the I-94 back to CBP mentioning that you were outside U.S. Follow the link below.
    Returning an Uncollected Form I-94 Back to U.S. Customs and Border Protection


    Even though you only need the latest approval notice (The one that is amended for the new work location) to show at the POE, it is always good to have all your approval notices with you. So try and get all the approval notices form your employer for your records. When you travel, show the latest.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Not sure how you got a new I-94 attached to the approval notice when you are outside U.S. It could be a mistake at the USCIS part. Youcan return the I-94 back to CBP mentioning that you were outside U.S. Follow the link below.
      Returning an Uncollected Form I-94 Back to U.S. Customs and Border Protection


      Even though you only need the latest approval notice (The one that is amended for the new work location) to show at the POE, it is always good to have all your approval notices with you. So try and get all the approval notices form your employer for your records. When you travel, show the latest.
      Hello,

      Thanks for your reply , im assuming its not a mistake on USCIS part because the same happened to one of my friends too , ditto case like mine, Even he got I797 + I94 , please enlighten if you have an insight on this.

      Comment


      • #4
        I-94 is something that will be issued to a person who is entering U.S or to someone who is changing or extending their status from within U.S. I-94 decides until when one can legally stay in U.S. That being said, issuing I-94 to someone who is outside U.S has no meaning to that I-94. I-94s are sometimes issued to people who are not inside the country by mistake.

        Originally posted by Sunil Vurity View Post
        Hello,

        Thanks for your reply , im assuming its not a mistake on USCIS part because the same happened to one of my friends too , ditto case like mine, Even he got I797 + I94 , please enlighten if you have an insight on this.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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