I-94 given from USCIS is expiring on Jun 30, but CBP issuee I-94 valid till July 31

[pskaushik]

Hi,

I had applied for H-1B extension and I got it approved after a RFE. but extension got approved till June 30, 2017 only which is ending 13 days from now.
My company is filing H-1B extension but there are chances that it might get delayed by 1-2 days.

I have I-94 given by CBP (during POE) when I came to US and that is valid till July 31st. But I got approval of extension and I-94 from USCIS valid till June 30 only.
I want to know

- Which I-94 will take precedence in this case?
-I am planning to leave US by June 29, 2015 as I do not want to take risk. In case , my employer files petition on June 30, will it be approved or subject to deny as I would not be in US when application is received?
-Is there any other option for me to stay in US for few days to wait until last day i.e. June 30 and then leave US on July 1st or so?

Please suggest.


Thanks
pskaushik

[newacct]

A person only has one valid I-94 at a time. When your extension of status was approved, you received a new I-94 and your previous I-94 from entry is no longer relevant. So your currently-valid I-94 expires June 30.

The approval of the H1b petition does not depend on whether you are inside or outside the US. But the change of status or extension of status that may be requested along with the petition will be denied if you are not in the US or if you leave the US while it is pending, as you no longer have any status to change or extend.

As long as an extension of status or change of status application is filed (received by USCIS) before your I-94 expires, you can stay in the US as long as it is pending.

[pskaushik]

Have Valid visa stamped till July 31st, is there a way I can request CBP to extend

Thanks for responding. I have valid visa stamped till 31st July, 2017 on my passport. is there a way I can request CBP to extend USCIS provided I-94 for few days as I have valid visa?

[raghvi]

Thanks for responding. I have valid visa stamped till 31st July, 2017 on my passport. is there a way I can request CBP to extend USCIS provided I-94 for few days as I have valid visa?

One needs valid I797 with the employer one is working for and valid passport, in order to request CBP.

This is my opinion not legal advice.

[newacct]

Thanks for responding. I have valid visa stamped till 31st July, 2017 on my passport. is there a way I can request CBP to extend USCIS provided I-94 for few days as I have valid visa?

When the visa expires has nothing to do with how long you can stay in the US. CBP didn't issue your I-94; they have nothing to do with it.