I94 got approved until OLD 797 - Visa stamped for new petition

[Mndp12]

Hello,

I have a valid 797 until June 2017, and an extension approved until June 2020. My visa has been stamped on passport until 2020. However, I94 got approved until the OLD 797 is valid I.e. June 2017. The officer stated at the time of entry that he could not consider the I797 that is not valid yet, even the New is an extension to the old/current one. Can I extend my I94 without leaving US? Is there anyone who travelled when their 797 extension did not kick in? Any other option? Thanks

[rksingh]

It seems the POE officer made a mistake. If you presented your new I797 along with visa stamp valid till June 2020, you should have got your I94 to June 2020. You can try to appear at a CBP deferred action site and see if they will correct their mistake (take the help of your attorney and carry all relevant documents and a letter explaining that they made mistake).