Navanish Posted February 21, 2017 Report Share Posted February 21, 2017 Hello, I have a situation with my I94 expiry. Have a I797 and I-94 on it valid till Nov 2018 with my current employer, my visa stamp is valid till Sept 2017 with my previous employer. Travelled India in (Feb2016) with current I797 and old visa stamp, officer updated my I-94 until Sept 2017(i.e., till Visa Stamp expiry). Can someone please suggest ways to get my I-94 updated until Nov 2018. Thanks. Link to comment
srinivas_258 Posted February 21, 2017 Report Share Posted February 21, 2017 CBP officer gave it correctly, you need to get stamped ... why people cant undersatand that, what ever visa stamp date you have on passport you are eligible to stay for that time and if you are in US, got new i797 still ur able to stay in the US. Once you cross the border you need visa stamp. Please dont assume that i797 is visa....desi people misleads you... check USCIS and i797 FAQ s for more info Link to comment
pontevecchio Posted February 21, 2017 Report Share Posted February 21, 2017 The CBP Officer made a mistake or you showed him the previous H1 petition approval. You can have your company lawyer help you to have it corrected or you can get in touch with CBP yourself and tactfully get the I94 changed. Link to comment
Navanish Posted February 21, 2017 Author Report Share Posted February 21, 2017 Hi Srinivas, Maybe I confused you with the content, let me explain. I know I-797 is not Visa and if I cross the border after my visa expiry I need to get a new visa stamped, but my question is with I-94 expiry. My current employer's I-797 is till Nov 2018 and my I-94 is expiring in Sept 2017(i.e., till Visa Stamp expiry). My attorney says if I-94 expires im not legal to stay in US and they will terminate from the payroll. I am looking for a solution to update/extend my I-94 till my I-797 validity. Appreciate your inputs. Thanks. Link to comment
JoeF Posted February 21, 2017 Report Share Posted February 21, 2017 What pontevecchio said. You can get the I-94 extended at a CBP office (usually at the big airports), or have the lawyer handle it. Link to comment
pontevecchio Posted February 22, 2017 Report Share Posted February 22, 2017 As stated multiple times, there are limited ways to extend the I94. 1. Filing another H1 petition and getting it approved. 2. Having the CBP correct it if they made an error. 3. In your case crossing the border now and returning with a new I94 . YOU MUST ASK if you go to say TIJUANA. Link to comment
Navanish Posted February 23, 2017 Author Report Share Posted February 23, 2017 Thanks a lot for your suggestions @pontevecchio and @JoeF . Really appreciate it. Have another question: I-94 is given on what basis? is it based on VISA or I-797? If I try TIJUANA cross the border and comeback, on what basis they will issue my new I-94? On my Visa Expiry or I-797? What would you suggest if I could give TIJUANA a try? Thanks. Link to comment
pontevecchio Posted February 23, 2017 Report Share Posted February 23, 2017 The visa lets you enter. The I94 is based on your approved H1 petition expiry. You should really know this. What do you mean try? It is absolutely possible and legal. You should GOOGLE I94 TIJUANA and read about many others who have done it. Of course your first step should be to inform your employer what happened. Link to comment
JoeF Posted February 23, 2017 Report Share Posted February 23, 2017 Normally based on the visa, but if you show the new I-797, they generally issue the I-94 based on that. Link to comment
shekar11# Posted February 23, 2017 Report Share Posted February 23, 2017 6 hours ago, Navanish said: Thanks a lot for your suggestions @pontevecchio and @JoeF . Really appreciate it. Have another question: I-94 is given on what basis? is it based on VISA or I-797? If I try TIJUANA cross the border and comeback, on what basis they will issue my new I-94? On my Visa Expiry or I-797? What would you suggest if I could give TIJUANA a try? Thanks. based on I-797. Link to comment
Navanish Posted February 28, 2017 Author Report Share Posted February 28, 2017 Thanks @shekar11# @pontevecchio and @JoeF, im going to TIJUANA and get my I-94 updated to I-797. Will keep you guys posted on my return. Appreciate your responses. Thanks. Link to comment
jay25oct Posted March 2, 2017 Report Share Posted March 2, 2017 On 2/28/2017 at 2:10 PM, Navanish said: Thanks @shekar11# @pontevecchio and @JoeF, im going to TIJUANA and get my I-94 updated to I-797. Will keep you guys posted on my return. Appreciate your responses. Thanks. hi please let me know if you got your I-94 updated. I am in same situation. thanks Link to comment
Navanish Posted March 7, 2017 Author Report Share Posted March 7, 2017 On 3/2/2017 at 4:46 PM, jay25oct said: hi please let me know if you got your I-94 updated. I am in same situation. thanks Hi Jay, I havent got it updated, they said i need a new visa with my new employer. Only then they will be able to issue new I-94 till the visa date. what is your situation? Thanks. Link to comment
jay25oct Posted March 8, 2017 Report Share Posted March 8, 2017 6 hours ago, Navanish said: Hi Jay, I havent got it updated, they said i need a new visa with my new employer. Only then they will be able to issue new I-94 till the visa date. what is your situation? Thanks. Hi i am with same employer but my passport expires in oct 2017 and my visa /i 797 is valid until sep 2019. So if i need to update my i94 until sep 2019 then i think i have to cross border and come back Link to comment
SRI1973 Posted March 9, 2017 Report Share Posted March 9, 2017 22 hours ago, jay25oct said: Hi i am with same employer but my passport expires in oct 2017 and my visa /i 797 is valid until sep 2019. So if i need to update my i94 until sep 2019 then i think i have to cross border and come back One of the attorney advised me that I-94 can be extended thru H1-B amendment if its filed due to client/location changes. So it may be helpful to you if your amendment is in process. But I am also checking with other sources. Link to comment
jay25oct Posted March 9, 2017 Report Share Posted March 9, 2017 12 hours ago, SRI1973 said: One of the attorney advised me that I-94 can be extended thru H1-B amendment if its filed due to client/location changes. So it may be helpful to you if your amendment is in process. But I am also checking with other sources. no I am at the same client location. and I think its not worth filling amendment to update I-94 compared to crossing border and come back. Link to comment
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