H1B VISA & i94 expiring beofre i797 - options ?

[kkdaass]

Hello All,

I have my I797 till May 2017. I recently visited India and had visa stamping. My visa was stamped only till Sep 2016. And my I94 date also shows the same. I believe this was due to my passport expiry on Dec 2016.

I have renewed my passport and got the new one. Now what are my options to get my I94/VISA extended till my I797 date ? My cap also ends in May 2017. So I don't want to go for one more extension. Do I need to go for stamping to India again or can I exit to nearby country like Canada. Mexico to get the I94 extended ? Please help..


VISA & I94 - Sep 2016

I797 - May 2017

[shervin143]

First try the near by CBP post. They may extend your I-94 based on your renewed passport (until the petition expiry date). If that doesn't work, then you should leave the country, get the visa stamped again and re-enter. If you just exit and re-enter, it is possible that they will issue your I-94 again only till the visa expiry date. You can by all means file an extension before your I-94 expiry date (until you get all 6 years in your H1B).