I94 Admit Until Date doesn't match I797

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Hello,


I've recently traveled from Hyderabad, India to Dallas FW along with my wife; arriving on August 15th, 2021 at around 03.40 pm. Post clearing my immigration and customs, I recently checked to see my latest I-94 record on the early morning of August 16th and observed that the Admit Until Date is shortened to an old date of 08/31/2021 (which is based on my H-1B visa stamp in the passport), but not reflective of the new valid date: 12/29/2022, as of my I-94 per the latest I-797.

In order to give a background on this, I had my H-1B visa stamped in December 2018, with validity until 08/31/2021 and later switched to my current employer i.e., Walmart Inc., in January 2020. During the switch, my I-94 was extended further to until 12/29/2022. I entered the U.S.A through Chicago back on December 14th 2020, whereupon I produced my new I-797 along with the visa stamp and the Admit Until Date was extended accordingly to 12/29/2022. Coming to the current situation, I just recently traveled with my wife, entering the U.S.A through Dallas FW yesterday, however this time I did not proactively produce my new I-797 again to the CBP officer assuming the admit until date would not be changed. Upon validating my latest I-94 post entry, I find that the Admit Until Date was shortened back to the old date of 08/31/2021; thus leaving me in a tight spot for a present valid stay in the U.S.A for ~15 days more.

I'm receiving varied opinions that either I should be good with the date as in I797, even if it doesn't match with what's on I94 electronic copy (this was also told to me by a CBP officer when I called the US Customs & Border office at Loredo on US-Mexico border) or thats the date on I94 supersedes everything else and I should re-enter the USA, this time showing the new I797 without fail to avoid this discrepancy. Time is ticking and I need to make an informed decision soon. Did anyone of you or you know, have been in this situation before and what is the optimal way to handle this?

Please advise. Thanks!

[rkk09]

Hi,
You will need to visit local CBP office and get the changes done.. It has been happened in one of my circle and he visited to CBP office and get this changed.
Thanks

[newacct]

Hello,


I've recently traveled from Hyderabad, India to Dallas FW along with my wife; arriving on August 15th, 2021 at around 03.40 pm. Post clearing my immigration and customs, I recently checked to see my latest I-94 record on the early morning of August 16th and observed that the Admit Until Date is shortened to an old date of 08/31/2021 (which is based on my H-1B visa stamp in the passport), but not reflective of the new valid date: 12/29/2022, as of my I-94 per the latest I-797.

In order to give a background on this, I had my H-1B visa stamped in December 2018, with validity until 08/31/2021 and later switched to my current employer i.e., Walmart Inc., in January 2020. During the switch, my I-94 was extended further to until 12/29/2022. I entered the U.S.A through Chicago back on December 14th 2020, whereupon I produced my new I-797 along with the visa stamp and the Admit Until Date was extended accordingly to 12/29/2022. Coming to the current situation, I just recently traveled with my wife, entering the U.S.A through Dallas FW yesterday, however this time I did not proactively produce my new I-797 again to the CBP officer assuming the admit until date would not be changed. Upon validating my latest I-94 post entry, I find that the Admit Until Date was shortened back to the old date of 08/31/2021; thus leaving me in a tight spot for a present valid stay in the U.S.A for ~15 days more.

I'm receiving varied opinions that either I should be good with the date as in I797, even if it doesn't match with what's on I94 electronic copy (this was also told to me by a CBP officer when I called the US Customs & Border office at Loredo on US-Mexico border) or thats the date on I94 supersedes everything else and I should re-enter the USA, this time showing the new I797 without fail to avoid this discrepancy. Time is ticking and I need to make an informed decision soon. Did anyone of you or you know, have been in this situation before and what is the optimal way to handle this?

Please advise. Thanks!

You are not "good with the date on the I-797". The I-797A approval notice means two things: an approval of the H1b petition, and an approval of an Extension of Status or Change of Status to H1b status, and it comes with a new paper I-94 indicating that status. The H1b petition approval is not tied to your stay in the US, but your status is tied to your stay in the US. When you leave the US, you cease to have any status, and the I-94 you have ends. When you re-enter the US, you seek entry on the basis of your visa (not based on you previous status), and you were admitted into a new status with a new I-94 (which may or may not be the same status as your old status). That I-94 is your only valid I-94 now, and it governs your stay. If you showed the officer your new H1b petition approval at the time you entered, the officer is supposed to admit you until the expiration date of that new petition, unless your passport expires sooner. So unless your passport expires 8/21/2021, the officer made a mistake. Nevertheless, you are bound by the I-94 the officer gave you, unless and until you correct it. So you need to contact a CBP office ASAP to have it corrected. You should emphasize that you had the new petition at the time you entered, and the officer, based on the information you gave him at the time, could and should have admitted you until the expiration date of that petition.