I-94 dates confusion

[h1bengg]

Greetings,

I need some help with clearing some i-94 expiration dates.

My H1B visa was stamped with my previous employer and it is valid till Feb 2016. My online I-94 states the "Admit Until date as Feb 2016", however the I-94 attached to my new I-979A (from my new employer) says I-94 Valid from xxxxxx to Oct/2016. So, does that mean I am good to stay in the US till Oct/2016 (according to the I-94 attached with the I-797A) or does the online I-94 takes precedence and I need to get the I-94 expiration date extended till Oct/2016?

Please help.

Thanks

[shervin143]

Your last received I-94 will decide until when you can legally stay in the country. Your online I-94 will only reflect the one that was issued at the POE. Search and read about the last action rule.

[h1bengg]

I traveled to India in April 2015. The online I-94 was renewed at that time when I re-entered the US. The online I-94 says Admit Till Feb 2016. And the I-797A notice came in 2014. So the last I-94 that was renewed at the (port of entry) in April 2015 says Admit Till Feb 2016.

So that means my I-94 expires in Feb 2016 ? Is that right?

Thanks

[raghvi]

Yes. When is the expiry of your I797?

This is my opinion not legal advice.

[h1bengg]

My I797 expires in Oct 2016

[shervin143]

If your last I-94 was received at the POE, then that is your active I-94 and your status will expire as per the date mentioned in that I-94.

[h1bengg]

I already informed my company lawyer about the same but he doesn't seem to be doing anything about it. So which form need to be filled out in order to get the i94 extended?

Thanks for ur help

[shervin143]

The employer need to file an H1B extension for you. When the extension gets approved, it will come with a new I-94 attached. Your H1B extension documents should reach USCIS before your I-94 expiry date. Otherwise your will be considered to be accumulating illegal stay and an extension is not possible when you are illegal. Better talk to your employer and initiate the H1B extension asap. It takes about 10 days to get the LCA that is needed to file the extension.

I already informed my company lawyer about the same but he doesn't seem to be doing anything about it. So which form need to be filled out in order to get the i94 extended?

Thanks for ur help

[h1bengg]

Ok. My current employer already filed for my H1b transfer last year and the I94 on the I797A says that my stay is valid till Oct 2016. This I797 approval came in last year, however my online I94 (which probably got generated when I re-entered the US in April 2015) states "Admin till Feb 2016". So the online I94 is the latest one which got generated. So there is a difference of expiration date between my online I94 and the I94 which came with my I797approval notice.

This was my original question. Due to the difference in expiration dates on the online I94 and the I94 which came with my I797 approval notice, I am confused which one takes precedence

Hope the question is clear now.

[shervin143]

You keep asking the same question again and again. Are you aware that you are suppose to return all the I-94s that you have when you leave the country. If you would have done that, then the only I-94 that you will have at hand is the one that you received last at the POE when you re-entered U.S. Your status will expire on that date. To stay in U.S past that I-94 expiry date, your employer should file a H1B extension before that I-94 expires.

Ok. My current employer already filed for my H1b transfer last year and the I94 on the I797A says that my stay is valid till Oct 2016. This I797 approval came in last year, however my online I94 (which probably got generated when I re-entered the US in April 2015) states "Admin till Feb 2016". So the online I94 is the latest one which got generated. So there is a difference of expiration date between my online I94 and the I94 which came with my I797approval notice.

This was my original question. Due to the difference in expiration dates on the online I94 and the I94 which came with my I797 approval notice, I am confused which one takes precedence

Hope the question is clear now.

[h1bengg]

Hi,

My H1B is already valid till Oct 2016 and my 6 years on H1b also exhaust in Oct 2016. So I cant ask my employer to extend my H1b when its already valid till Oct 2016. The only thing (which u said) that I did not do was give my I94 when I was leaving the US this year. So my online I94 expiration date is Feb 2016 and I94 expiration date as per my I797A is Oct 2016. So there is a difference b/w the I94 expiration as per my I797A and the I94 online..

My employer has applied for my PERM already and it is under processing.

Not sure how else to write this question that I have. Once again. My I797A came in last year and it is valid till Oct 2016. My online I94 (which got generated when i re-entered the US this year) has expiration date of Feb 2016. My H1b stamping (from my last employer) also expires in feb 2016. So probably the immigration officer at the POE saw my stamping validity and gave the I94 accordingly.

So my question is: Do I need to go outside and re-enter the US and get online I94 extended till Oct?

[raghvi]

Hi,

My H1B is already valid till Oct 2016 and my 6 years on H1b also exhaust in Oct 2016. So I cant ask my employer to extend my H1b when its already valid till Oct 2016. The only thing (which u said) that I did not do was give my I94 when I was leaving the US this year. So my online I94 expiration date is Feb 2016 and I94 expiration date as per my I797A is Oct 2016. So there is a difference b/w the I94 expiration as per my I797A and the I94 online..

My employer has applied for my PERM already and it is under processing.

Not sure how else to write this question that I have. Once again. My I797A came in last year and it is valid till Oct 2016. My online I94 (which got generated when i re-entered the US this year) has expiration date of Feb 2016. My H1b stamping (from my last employer) also expires in feb 2016. So probably the immigration officer at the POE saw my stamping validity and gave the I94 accordingly.

So my question is: Do I need to go outside and re-enter the US and get online I94 extended till Oct?

This mismatch of I-94 is basically happening because (a), Folks don't detach the I-94 that comes with the I797A and hand over while exiting US (b), Folks are avoiding Visa stamping with new extended I797 as a result the Visa end date does not match the I797 and (c), POE officers extensively granting I-94 only till Visa expiry date rather than the extended I797 .

Your latest I-94 Feb 2016 will hold precedence over the one which came with the I797A(which anyhow you should have handed over when you left US). I would suggest you have a I539 filed to get a new I-94.

This is my opinion not legal advice.

[shervin143]

Well, forget about your I-94 that came with your H1B approval notice. That is useless now since you left the country and re-entered and received a new I-94 at the POE. To extend your H1B status beyond Feb 2016, the employer should file an extension before your I-94 expiry date (Feb 2016) and request the extension only till Oct 2016 (when your 6 year H1B limit will expire). Alternatively, you can leave the country before your I-94 expiry date and re-enter back with a valid H1B visa (if your visa will expire on Feb 2016, then it get stamped based on the petition that you have valid until Oct 2016). When you re-enter, your petition and H1B visa will be valid until Oct 2016 and you will get a new I-94 until Oct 2016. Make sure your passport is valid past Oct 2016 or that will lead to another I-94 with less validity. If your employer filed your PERM before 365 days from your 6th year H1B limit, then while filing the extension, they can request an extension based on the pending PERM. If not, you can request the extension only till Oct 2016.

Hi,

My H1B is already valid till Oct 2016 and my 6 years on H1b also exhaust in Oct 2016. So I cant ask my employer to extend my H1b when its already valid till Oct 2016. The only thing (which u said) that I did not do was give my I94 when I was leaving the US this year. So my online I94 expiration date is Feb 2016 and I94 expiration date as per my I797A is Oct 2016. So there is a difference b/w the I94 expiration as per my I797A and the I94 online..

My employer has applied for my PERM already and it is under processing.

Not sure how else to write this question that I have. Once again. My I797A came in last year and it is valid till Oct 2016. My online I94 (which got generated when i re-entered the US this year) has expiration date of Feb 2016. My H1b stamping (from my last employer) also expires in feb 2016. So probably the immigration officer at the POE saw my stamping validity and gave the I94 accordingly.

So my question is: Do I need to go outside and re-enter the US and get online I94 extended till Oct?

[h1bengg]

Got it.. Thanks for the suggestions.

Since my current H1B stamping expires in Feb 2016 (from my previous employer), you suggest that I get the new H1B stamped on my passport which will be valid till Oct 2016 and then re-enter the US? OR Can I just re-enter the US with the current H1B stamping (which is valid till Feb 2016) and at the POE, I show the approved I797 (which is valid till Oct 2016) and this will extend my I94 till Oct 2016?

Your help is much appreciated. Thanks again for the suggestions.

I asked my Lawyer the same questions and he does not have anything to say about it.

[shervin143]

Well, the main problem here is your I-94 was issued only till your visa expiry date instead of the petition expiry date. If you want to correct this, then get the visa stamped and return back. Otherwise you may end up with an I-94 only till Feb 2016 again when you enter U.S which will make the whole purpose of your travel outside U.S useless.

Got it.. Thanks for the suggestions.

Since my current H1B stamping expires in Feb 2016 (from my previous employer), you suggest that I get the new H1B stamped on my passport which will be valid till Oct 2016 and then re-enter the US? OR Can I just re-enter the US with the current H1B stamping (which is valid till Feb 2016) and at the POE, I show the approved I797 (which is valid till Oct 2016) and this will extend my I94 till Oct 2016?

Your help is much appreciated. Thanks again for the suggestions.

I asked my Lawyer the same questions and he does not have anything to say about it.