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Hi all,
My previous H1-B ended on 08/14/2024. When I entered USA on 07/09/2024 after a visit to Canada, the US immigration was performed at Montreal. At that point my new I-797 which started on 08/15/2024 had already been issued. However I was admitted on the basis of my old I-797 and the admit until date on my I-94 is 08/14/2024.
Once my new job started on 08/15/2024 my workplace pointed out to me that I might be overstaying the admit until date on my I-94. They suggested I speak with CBP to get the I-94 record corrected. When I went to the CBP deferred inspection site they told me that there was no error in my I-94 record. They said I had entered the USA well before my new I-797 started they had to admit me under the previous visa and hence had the admit date of 08/14/2024. On the day that my new I-797 started, they said the new I-797 acts effectively as my I-94.
However there seems to be some confusion regarding this. According to my workplace and others I have spoken to, the most recent document becomes the applicable one. In this case its my I-94 which says I can stay in the country only till 08/14/2024. Since my I-9 verification when through, I didn't have a problem starting work.
So is the CBP correct in their explanation that my new I-797 is effectively my I-94 or is the actual I-94 Admit until date the relevant one and I am overstaying?
Thanks in advance
My previous H1-B ended on 08/14/2024. When I entered USA on 07/09/2024 after a visit to Canada, the US immigration was performed at Montreal. At that point my new I-797 which started on 08/15/2024 had already been issued. However I was admitted on the basis of my old I-797 and the admit until date on my I-94 is 08/14/2024.
Once my new job started on 08/15/2024 my workplace pointed out to me that I might be overstaying the admit until date on my I-94. They suggested I speak with CBP to get the I-94 record corrected. When I went to the CBP deferred inspection site they told me that there was no error in my I-94 record. They said I had entered the USA well before my new I-797 started they had to admit me under the previous visa and hence had the admit date of 08/14/2024. On the day that my new I-797 started, they said the new I-797 acts effectively as my I-94.
However there seems to be some confusion regarding this. According to my workplace and others I have spoken to, the most recent document becomes the applicable one. In this case its my I-94 which says I can stay in the country only till 08/14/2024. Since my I-9 verification when through, I didn't have a problem starting work.
So is the CBP correct in their explanation that my new I-797 is effectively my I-94 or is the actual I-94 Admit until date the relevant one and I am overstaying?
Thanks in advance
