Based last action rule,Am i eligible to stay in USA with my I-797

[CKN]

Hi,

I entered USA on Nov-07 and my VISA was valid till Feb-2017. I had my new I-797 approved till Feb-2020(this was approved on Sep-2016). At port of entry i was not asked to show my new I-797 and i got i-94 till Feb-2017. So My latest I-94 is valid till Feb-2017 and my I-797 is valid till Feb-2020. Am i protected by "Last Action Rule" to stay in USA till Feb-2020 or do i need to leave the country before my I-94 gets expired?  Below are the Date of events.

1. Nov-2014, H1B I-797 approved and valid till Feb-2017.

2. Sep-2016 , new I-797 is approved(H1B) validity Mar-2017 to Feb -2020 

3. Oct -10-2016, traveled to India. Attend VISA interview and VISA got stamped till Feb-2017.

4. Nov-07 -2016,Returned back to USA. At port of entry got I-94 till March-2017.

Am i eligible to stay in USA with my  I-797 till Feb-2020 even the I-94 given at port of entry is expiring on March-2017?.

Do i need to apply I-94 extension?. Kindly help me with situation.

[shekar11#]

Why did you not use your new I-797 for visa stamping and for I-94. You can now only stay up to the I-94 expiry date given at POE. You have to cross the border and get a new I-94 before your current I-94 expires. Also if you go out of country after your visa expiry date you might need new visa stamp also.