Last Action Rule - Question about I-94 Validity

[sharmaanu]

Hi All,

I have a very unique situation, I hope some expert can here me -

I am working for the employer A since last many years, I dont have valid US visa, My I-94 (I-747 A) is valid until June 2020.
Now Employer B has filed the Transfer petition which was approved in Dec 15th 2019 for next 30 months starting Dec 1st 2019 - May 30th 2022.

I am joining the employer B in next week around Jan 15th.

Now i came across with a very unique situation, I went for 2 days trip to canada on new year (Land broder crossing) and Border agent updated my I-94 entry date to new data which is valid until June 2020 as i took my Current employer I-94 (I-747 A) petition and used the AVR rule to enter in US .

My question is what will be current I-94 validity after i join the employer B ? is it valid until June 2020 which has updated in my I-94 record during recent trip or my I-94 is valid until May 30th 2022 once i join the employer B ?

Note # In the case above all the I-94 numbers is same .

[Dimple1984]

Once you join your new employer, you can stay till June 2022. Dont worry abt I-94 expiring in June 2020.

[Visa.Seeker]

So, now you have a I-797 until May 2022, but a newer I-94 until June 2020. So, you are authorized to "stay" in US until June 2020. You will most likely have to step out of the country and step in to get a new I-94.

Also check with a immigration attorney.

[newacct]

I think it would depend on whether the effective date of the I-94 from the transfer was before or after your trip.

[sharmaanu]

So, now you have a I-797 until May 2022, but a newer I-94 until June 2020. So, you are authorized to "stay" in US until June 2020. You will most likely have to step out of the country and step in to get a new I-94.

Also check with a immigration attorney.

I am not sure what will happen if i will going out to canada and return back using AVR (as i have expired visa)
Can you suggest some attorney ?

[sharmaanu]

I think it would depend on whether the effective date of the I-94 from the transfer was before or after your trip.

The effective date of transfer was before my trip !!

My only concern is the I94 number on cbp portal and company B is same.

[sharmaanu]

I think it would depend on whether the effective date of the I-94 from the transfer was before or after your trip.

The effective date of transfer was before my trip !!
You are correct, i think my new date (recent landing date) is latest so it will override the last action.
since i do not have valid visa, if i visit canada and return back will it will update the new I-94 date based on company B (I-797 A approval notice) ?

[newacct]

The effective date of transfer was before my trip !!
You are correct, i think my new date (recent landing date) is latest so it will override the last action.
since i do not have valid visa, if i visit canada and return back will it will update the new I-94 date based on company B (I-797 A approval notice) ?

I think you should try to get them to correct your current I-94, since you did have the new approved petition at the time you entered, and they could have admitted you based on that petition, but didn't.

[sharmaanu]

I think you should try to get them to correct your current I-94, since you did have the new approved petition at the time you entered, and they could have admitted you based on that petition, but didn't.

Thanks for your valuable suggestion , I went to deferred inspection site and they fix the dates.
Appreciate your help !!