I797 expiring before i-94

[Barun]

Hi,

I am in a situation where my

- Current petition (I-797A) is expiring on June 1 2017. Same goes for the form I-94 attached to the petition.
- Actual visa is expiring on August 20, 2017.
- The last port of entry I-94 is expiring on August 29, 2017.

I have filed for H1B extension.

But what will be my last legal day of stay in the US? Which i-94 will take precedence? The current petition was a H1B amendment done in June 2016. The last time I entered the country and got my I-94 was in September 2015.

Thanks a lot.

[raghvi]

Hi,

I am in a situation where my

- Current petition (I-797A) is expiring on June 1 2017. Same goes for the form I-94 attached to the petition.
- Actual visa is expiring on August 20, 2017.
- The last port of entry I-94 is expiring on August 29, 2017.

I have filed for H1B extension.

But what will be my last legal day of stay in the US? Which i-94 will take precedence? The current petition was a H1B amendment done in June 2016. The last time I entered the country and got my I-94 was in September 2015.

Thanks a lot.

As you have applied for extension before current I797 expiry, you are good to work till 240 days from 29-Aug-2017.If no decision is taken by then, you should stop working.

This is my opinion not legal advice.

[newacct]

Hi,

I am in a situation where my

- Current petition (I-797A) is expiring on June 1 2017. Same goes for the form I-94 attached to the petition.
- Actual visa is expiring on August 20, 2017.
- The last port of entry I-94 is expiring on August 29, 2017.

I have filed for H1B extension.

But what will be my last legal day of stay in the US? Which i-94 will take precedence? The current petition was a H1B amendment done in June 2016. The last time I entered the country and got my I-94 was in September 2015.

Thanks a lot.

Are you saying the new petition with the attached I-94 was after you last entered? There is only one valid I-94 at a time; when you get a new I-94, that supersedes any previous ones. When you got a new I-94 from the new petition, your previous I-94 that you got from entry is no longer valid and is irrelevant. Your only I-94 now expires June 1 2017. You can continue to work 240 days beyond that while an H1b extension of status is pending.