H1B Extension and expiration date on I-94

[hardrockstar]

Hi,
Based on which of the following does the port of entry determine expiration date on I-94?
1. Visa expiration date on the passport
2. New H1B validity period (new I 797)

My situation:
My current visa expires on 26th of September. I will be traveling to India and will be coming back to USA on on 19th of September, which leaves only 7 valid days on my visa. Based on your answer to the above question, I need to decide whether to go for visa stamping (on the new H1B approval) or not. Thanks for reading; appreciate your help.

best
Kumar

[milda]

Second one.

[Note:- I am sharing my views, contact your attorney for the best advice]

[purvis65]

The validity of your visa is based on the most recent petition filed on your case. Which in your case is the new I-797. However, the immigration folks at port of entry might contest your visa validity due to the short term left on your old visa stamp.

I would highly recommend you get the new visa stamped during your visit to avoid any conflicts.

Good Luck!

[abhayg4]

Hi Kumar,

Ideally speaking I-94 expiration date should be same as your new I-797 Expiration date .
But NOT ALWAYS officers give the same date as mentioned in the petition even if you show them the same (Cases are few but they are there)

So there is a risk involved - that they may give the I-94 expiration date as your visa expiry date but then you just request them that you have new approved I-797 petition and it will be difficult for you to extend in 7 days.

If by any chance/unfortunatley , if they still give you Visa expiry date then you can contact the CBP office later within those 7 days and request them to change it to petiton date .
Last option is that you have to apply for an extension within those 7 days.

Also , sometimes Officers at POE give the I-94 expiry date as Passport expiry date if it is before Visa/Petition date.
So you see there is no 100% gurantee which date will be given for I-94.


Best of Luck.

Thanks and Regards,
Abhay

[hardrockstar]

Thanks for the info.

Off late, US consulates in India have been delaying the processing times in the name of 'administrative processing'. They are just slapping 221(g)s even if the applicants have valid documentation. In some cases, they don't take any documents but ask us to wait and this wait time in in-consistent.

Above scenario is making me think whether to go for the stamping or not.


Thanks
Kumar

[kabkaba]

You can certainly use valid visa and approved petition to enter and work for that petitioning employer. I-94 will be given according to petition. You can insist on the same. In order to not confuse the IO, show only the petition which you want to use to work at POE.
Shorter I-94 may be given if your passport expires earlier than petition.