Urgent: Different I-94 numbers on 797 and passport

[h1_moon_moon]

I need your quick help on my situation.
I have different I-94 numbers on my 797 (H1 extn approval petition) and on my passport (I-94 card attched to paasport at airport).
This is due to below reason:
I travelled out of US on 17th April'2010 and back to US on 3rd May'2010. I got new I94 till Aug'2010 (till my original petition valid date) while entering US . I intiated H1 extn with old I-94 details through my employer few days before my travel and it was filed with USCIS on 11 May 2010. So I got H1 extn till March'2012 with old I-94 number on it. And on my passport I have new (different) I-94 number.

Now I am planned to go india and should go for visa stamping.

Is there any issue during visa stamping at Indian consulate and at PoE while returning back to US

Please help with your advice in this situation

[shervin143]

No issues. Make sure you return all the I-94's when you leave the country (Cut the I-94 from the approval notice and attach it to the passport). If you have a valid visa by the time you return back, then there is no need to get the visa stamped. If the visa wil be expired by the time you return, then you need to get it stamped.

[h1_moon_moon]

Thanks for the reply
I was planning on attending a visa stamping since I recently got my H1 extended.
If I detach the I94 that came along with I797 and submit it while leaving the country, will it not be a problem while attending the visa stamping (with I797 without I94 attached)

Thanks in advance.

[shervin143]

Only the petition is required for the H1B stamping and not the I-94. All I-94s whould be returned when you leave the country. Otherwise there won't be a proper exit record against that I-94 and when it expires, it will be treated as illegal stay beyond its expiry date if an extension is not filed using the same I-94 number.

Take the appoval notice and read it one more time. You will find clear instruction to detach the I-94 and staple it to your passport. The bottom portion of the approval notice (In case of I-797 A that comes with a new I-94) for your personal records. That is not required for stamping.

If I detach the I94 that came along with I797 and submit it while leaving the country, will it not be a problem while attending the visa stamping (with I797 without I94 attached)

Thanks in advance.

[h1_moon_moon]

I completely understand that I need to return both I-94s (one with passport and one with H1 extn approval notice) while leaving and I will do that.

Can you Please confirm the whole thing, if my situation is OK if I return both I94s while going

"Few days before my H1 extn filing (11-may-2010) I travelled out and back (3-may-2010) with new I94 number (ABC - till Aug'2010 - given till visa expiry) but didnot update this new number on my H1 extn filing and it was filed with old I-94 (XYZ) number and got extention till Mar2012 with old I94 number (XYZ) carried on to H1 extn approval notice.

So now I have one I94 on my passport (ABC - till Aug'2010 - expired) and one on my h1 extn approval notice (XYZ - till Mar'2012). I am going India in 1st week of June and will attend visa interview"

Only the petition is required for the H1B stamping and not the I-94. All I-94s whould be returned when you leave the country. Otherwise there won't be a proper exit record against that I-94 and when it expires, it will be treated as illegal stay beyond its expiry date if an extension is not filed using the same I-94 number.
.

thank you immihelp and Shervin. Your suggestions are really helpful and specifically makes me (and many more) peaceful with your valuable inputs.

[shervin143]

Like I mentioned in my earlier reply. No issues. Just return "ALL" the I-94s when you leave and you will get a new one on your return which will fix everything.

I completely understand that I need to return both I-94s (one with passport and one with H1 extn approval notice) while leaving and I will do that.

Can you Please confirm the whole thing, if my situation is OK if I return both I94s while going

"Few days before my H1 extn filing (11-may-2010) I travelled out and back (3-may-2010) with new I94 number (ABC - till Aug'2010 - given till visa expiry) but didnot update this new number on my H1 extn filing and it was filed with old I-94 (XYZ) number and got extention till Mar2012 with old I94 number (XYZ) carried on to H1 extn approval notice.

So now I have one I94 on my passport (ABC - till Aug'2010 - expired) and one on my h1 extn approval notice (XYZ - till Mar'2012). I am going India in 1st week of June and will attend visa interview"



thank you immihelp and Shervin. Your suggestions are really helpful and specifically makes me (and many more) peaceful with your valuable inputs.