I-94 and H1B stamp are about to expire but I-797 is valid

[bala25]

Hi,
Please help...

1. My Visa is valid till Feb 15, 2017, but I've approved I-797A valid till Jan 2019.
2. I recently traveled to Germany and came back on Jan 8, 2017. At the POE, I was given I-94 till only Feb 15,2017


Please suggest what I need to do, I tried to call to CBP office here in Boston but they on call saying now nothing can be done.


Thank you for help.

[raghvi]

Hi,
Please help...

1. My Visa is valid till Feb 15, 2017, but I've approved I-797A valid till Jan 2019.
2. I recently traveled to Germany and came back on Jan 8, 2017. At the POE, I was given I-94 till only Feb 15,2017


Please suggest what I need to do, I tried to call to CBP office here in Boston but they on call saying now nothing can be done.


Thank you for help.

You were given an I94 to match with your visa expiry and not with the I797. Off late POE officers have adopted this approach if visa expiry is too close to entry date. If you don't intend to go out and get yourself a new visa then you have to ask your employer to file I94 extension using form I129.it can take 2-4 Months if done as normal process.

This is my opinion not legal advice.

[bala25]

You were given an I94 to match with your visa expiry and not with the I797. Off late POE officers have adopted this approach if visa expiry is too close to entry date. If you don't intend to go out and get yourself a new visa then you have to ask your employer to file I94 extension using form I129.it can take 2-4 Months if done as normal process.

This is my opinion not legal advice.

Thank you for quick reply.
Can I go to the CBP office personally and try if they can update my I-94 there...

[raghvi]

Thank you for quick reply.
Can I go to the CBP office personally and try if they can update my I-94 there...

You can try your luck.

This is my opinion not legal advice.

[newacct]

You showed them the new petition approval when you entered?

[bala25]

You showed them the new petition approval when you entered?

No, CBP officer just asked and I said I've approved I-797A from my new employer. He said, this time its fine but next time make sure you stamp your visa if its expiring...

[prasanna1]

No, CBP officer just asked and I said I've approved I-797A from my new employer. He said, this time its fine but next time make sure you stamp your visa if its expiring...

did you go to CBP office? what did they say??

i had a similar situation when i entered via chicago few years ago. they asked for my latest 797 and when i showed them, the POE gave me I-94 per latest 797.

I am traveling to india this month (i have visa till may 2017 but latest i-797 till 2018). i hope they ll give me i-94 till 2018. I am planning to show my i-797 without them asking (last time i tried to show my i-797, the POE said that it is not required). lets see what happens this time.

Also please keep me posted on what action you are planning to take? applying for i-94 extension or going for stamping etc??

[bala25]

did you go to CBP office? what did they say??

i had a similar situation when i entered via chicago few years ago. they asked for my latest 797 and when i showed them, the POE gave me I-94 per latest 797.

I am traveling to india this month (i have visa till may 2017 but latest i-797 till 2018). i hope they ll give me i-94 till 2018. I am planning to show my i-797 without them asking (last time i tried to show my i-797, the POE said that it is not required). lets see what happens this time.

Also please keep me posted on what action you are planning to take? applying for i-94 extension or going for stamping etc??

Update on my case-
I visited the CBP office locally here, that guy asked me if I showed the I-797A to the the CBP office at POE. I said I had it in my hand, CBP officer asked the question on the new employer but he didn't take I-797 to check the dates. The officer was very specific on Yes or No, but kind enough to update the I-94 records in system with my latest I-797 dates.

@ prasanna1, I would suggest to show them latest I-797 explicitly at POE, and check the I-94 immediately on return. Else it is unnecessary headache! But in you case even if you get till May 2017 you would have enough time to travel again to get new I-94 at POE. Good luck!