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I797 is still valid but Visa & i94 is about to expire

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  • I797 is still valid but Visa & i94 is about to expire

    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.





    First of all, thanks a lot for helping or advising people in correct direction.
    My situation and related query is as below...
    1) I was working with Employer A and I got first I797 approved in 2015. I got H1B visa stamped from 5th Dec 2015 till Aug 2018.
    2) I did change the Employer and join B, they file the H1B transfer and we got the i797 till May 2019. I still have the Visa stamped based on employer A valid till Aug 2018.
    I traveled the India they give the i94 validity date till May 2019(employer B i797 expiration date)
    3) After few months, i change the employer and joined the company C, new h1 transferred filed and got the i797 valid till March 2020. Visa stamping date is still valid till Aug 2018.
    i traveled the India again but this time POE officer give the I94 date till Aug 2018. i tried to shows her the Approved i797 but she didn't want to hear me.
    After reading many post i checked my I797 for attached i94 validity. its showing valid until 03/01/2020

    Now my Visa and i94 is about to expire in Aug 2018 but i have the latest I797 valid till March 2020.

    Can you guys please suggest what should I do now?

    Regard's
    Nirmesh

  • #2
    Originally posted by nirmeshvats View Post
    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.





    First of all, thanks a lot for helping or advising people in correct direction.
    My situation and related query is as below...
    1) I was working with Employer A and I got first I797 approved in 2015. I got H1B visa stamped from 5th Dec 2015 till Aug 2018.
    2) I did change the Employer and join B, they file the H1B transfer and we got the i797 till May 2019. I still have the Visa stamped based on employer A valid till Aug 2018.
    I traveled the India they give the i94 validity date till May 2019(employer B i797 expiration date)
    3) After few months, i change the employer and joined the company C, new h1 transferred filed and got the i797 valid till March 2020. Visa stamping date is still valid till Aug 2018.
    i traveled the India again but this time POE officer give the I94 date till Aug 2018. i tried to shows her the Approved i797 but she didn't want to hear me.
    After reading many post i checked my I797 for attached i94 validity. its showing valid until 03/01/2020

    Now my Visa and i94 is about to expire in Aug 2018 but i have the latest I797 valid till March 2020.

    Can you guys please suggest what should I do now?

    Regard's
    Nirmesh
    You can try to contact a CBP office and have them correct your I-94, as they should have admitted you until the expiration of your petition, so it was their mistake.

    Or your company can file I-129 for an extension of status.

    Or you can leave the US and get a visa and come back.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      You can try to contact a CBP office and have them correct your I-94, as they should have admitted you until the expiration of your petition, so it was their mistake.

      Or your company can file I-129 for an extension of status.

      Or you can leave the US and get a visa and come back.


      Thank you so much!!!!

      Comment

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