Travel after H1b extension approval and based on valid old visa stamp

[Ravee_b]

Hi Guys,

I have H1b visa stamp valid till Jun 2 2017 and I-94 till the same date (Jun 2 2017). Old Passport expired but got new passport 7 months back. Visa stamp is in expired passport. I was given I-94 based on my visa stamping date and not based on my passport expiry date which is jan 2017.

I have applied for H1B extension in pp in Jan 2017 and got approval till 2020. The extended H1B petition start date is  Jun 3 2017 and is valid till Jun 2 2020.

Visa stamp and current H1 b extension approval is with the same employer.

I would like to travel to India in Mar 2017 and return by mar end and use the valid visa stamp in expired passport.Since this is travel after pre-approved extension and with the old valid visa stamp , i have few questions regarding I-94. 

1. At the port of entry, is there a possibility to use the new h1b approval before its start date   and get I-94 till Jun 2020 rather than the visa stamp valid date (Jun 2017)?

2. If at POE, the officer denies to give I-94 till Jun 2020 and gives only till Jun 2017, what are my options to extend I-94 beyond Jun 2017?

3. Can i visit CBP in local international airport (Raliegh or Charlotte NC) and get the I-94 extended till Jun 2020? Will they ask for valid visa stamp till Jun 2020 to extend my I-94 or they  go by I-797 extension approval dates?

4. If local CBP option does not work, does visiting mexico border with valid I-797 and visa stamp (valid till jun 2017) works to get I-94 extension till Jun 2020?

 

Please help.

Thank you for your time with this post.

 

 

 

[Ravee_b]

Hi ,

Appreciate your response in this case. Thanks

[shekar11#]

On 2/21/2017 at 0:11 PM, Ravee_b said:

Hi Guys,

I have H1b visa stamp valid till Jun 2 2017 and I-94 till the same date (Jun 2 2017). Old Passport expired but got new passport 7 months back. Visa stamp is in expired passport. I was given I-94 based on my visa stamping date and not based on my passport expiry date which is jan 2017.

I have applied for H1B extension in pp in Jan 2017 and got approval till 2020. The extended H1B petition start date is  Jun 3 2017 and is valid till Jun 2 2020.

Visa stamp and current H1 b extension approval is with the same employer.

I would like to travel to India in Mar 2017 and return by mar end and use the valid visa stamp in expired passport.Since this is travel after pre-approved extension and with the old valid visa stamp , i have few questions regarding I-94. 

1. At the port of entry, is there a possibility to use the new h1b approval before its start date   and get I-94 till Jun 2020 rather than the visa stamp valid date (Jun 2017)?

2. If at POE, the officer denies to give I-94 till Jun 2020 and gives only till Jun 2017, what are my options to extend I-94 beyond Jun 2017?

3. Can i visit CBP in local international airport (Raliegh or Charlotte NC) and get the I-94 extended till Jun 2020? Will they ask for valid visa stamp till Jun 2020 to extend my I-94 or they  go by I-797 extension approval dates?

4. If local CBP option does not work, does visiting mexico border with valid I-797 and visa stamp (valid till jun 2017) works to get I-94 extension till Jun 2020?

 

Please help.

Thank you for your time with this post.

 

 

 

1. You need to show new I-797. Officer will give I-94 till 2020.

2. Should not be the case. Officer needs to give I-94 based on I-797, not visa. If he does not then you have to go out of country and get ur visa stamped.

3. You cannot because it is not a CBP mistake. They only correct I-94's if it is a mistake on their part.

4. Yes.

[Ravee_b]

Thank you Shekhar for your time in responding to my query. i have cancelled my travel plans due to personal reasons. So with the extended  I-94 as is.