Extension Approved with NPT for expired I94. New I94 is not back dated.

[bittersweet.arpan]

Hi All, 

Need advise on the confusion with I94. My wife's H1b extension just got approved, where the case was that her I94 had expired, got an RFE, filed NPT and got approval. The old I94 expired in Sept 2015, visa was valid till Sept 25, 2016. Got new I94 with date of Sept 26, 2016 as start date. 

What should we do with the 1 year gap in the I94 date? we were hoping that the new I94 will either be back dated or the old one will be corrected.

Please advise.

[pontevecchio]

Neither will happen. The fact that she got an I94 now makes her entire stay before that legal. They will not backdate as their systems do not allow it. The fact that they issued her an I94 is proof enough.

[JoeF]

I concur with ponte.

[bittersweet.arpan]

8 hours ago, pontevecchio said:

Neither will happen. The fact that she got an I94 now makes her entire stay before that legal. They will not backdate as their systems do not allow it. The fact that they issued her an I94 is proof enough.

Thank you for the reply. I had read on a couple of threads that their latest i94 was back dated, that's what made me doubt the situation. 

On another note, if she travels outside of us and returns, will there be a problem in stamping or at the immigration counter in airport?

 

Appreciate your response. 

[pontevecchio]

There will be no problem because of the NTP. She needs to keep her Lawyers number on speed dial and also talk to him before leaving.