I-94 Expired, I-797 Valid, H1B VISA stamp Expired


arjunbakshi1980

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I am in this particular situation:

Old Company A:
Old Passport with H1B Visa valid till 06/30/2016, I-94 valid till 06/30/2016.
Passport Expired while in US on 10/30/2014. New Passport does not have the H1B Visa stamp.

New Company B:
H1B Visa transferred on 12/01/2015.
I-94 still shows 06/30/2016 expiry date.
Travelled out of country for work (not to India) on 12/15/2015, returned 12/31/2015.
POE did not check the new I-797, allowed entry on the old passport with old petitioner. I-94 still showed 06/30/2016 as expiry date.

Status today: H1B Stamp on the Old Passport Expired, I-94 Expired, New Passport does not have the H1B Stamp, I-797 is valid till end of 2018.

Am I out of status?

I know that there are centers in many cities to correct the I-94 expiry date to reflect the i-797 date... Does anyone know what documents they need to prove that I am legally here in US - Letter from Company, Pay slips, local address proof, etc? Is there a particular form that I need to fill up to request the correction?

Thanks, appreciate your help.

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On 8/26/2016 at 2:51 PM, chand308 said:

Even I am having the same situation. Could some respond to the above query?

 

Thanks!

In my case, the lawyer just walked into the Deferred Inspection site and got it corrected in a minute. These are the locations of DIS - https://www.cbp.gov/contact/deferred-inspection/overview-deferred-inspection

You can also walk into one of these centers and plead your case. The officer on duty may update it with the new I-94 expiry date.

 

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