I94 update date with new I797 approval


arunkumarnellur

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Hi:

My current Visa stamping and I94 are valid up to Aug 31,2017.  
H1B extension was filed in March 2017 (premium).  Then, I Travelled India in the first week of April 2017.
H1B petition got approved while I was in India. So our attorneys sent the new I797 to India, Its validity is till Oct 2020.
Returned to the US in May 1st week.

While entering the US, at PoE, I did not show the new approval letters (I wasn't certain whether to show or not). So the CBP officer issued I-94 according to my Visa expiry, i.e., till Aug 31, 2017.  

1) Is it legal to stay beyond Aug 31, 2017, with the existing I-94 (assuming I797 is valid till 2020)?
2) Is it a good idea to visit Mexico border at San Ysidro to get new I94, I have no planned travel to India, until January 2018?
3) In my case, Can CBP issue me new I94 if I visit Mexico border (San Ysidro) via the pedestrian path?
4) Am I eligible to get new I94 if I visit Mexico border in this month?
5) Is there any time constraint that you have to stay less than/greater than 30 days while entering Mexican border?

Thank you in advance for your valuable answers.
Arun

 

 


 

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21 hours ago, arunkumarnellur said:

Hi:

My current Visa stamping and I94 are valid up to Aug 31,2017.  
H1B extension was filed in March 2017 (premium).  Then, I Travelled India in the first week of April 2017.
H1B petition got approved while I was in India. So our attorneys sent the new I797 to India, Its validity is till Oct 2020.
Returned to the US in May 1st week.

While entering the US, at PoE, I did not show the new approval letters (I wasn't certain whether to show or not). So the CBP officer issued I-94 according to my Visa expiry, i.e., till Aug 31, 2017.  

1) Is it legal to stay beyond Aug 31, 2017, with the existing I-94 (assuming I797 is valid till 2020)?
2) Is it a good idea to visit Mexico border at San Ysidro to get new I94, I have no planned travel to India, until January 2018?
3) In my case, Can CBP issue me new I94 if I visit Mexico border (San Ysidro) via the pedestrian path?
4) Am I eligible to get new I94 if I visit Mexico border in this month?
5) Is there any time constraint that you have to stay less than/greater than 30 days while entering Mexican border?

Thank you in advance for your valuable answers.
Arun

 

 


 

1. No you cannot stay. The latest one is valid till Aug 31st 2017.

2. Yes. Do it soon.

3. Yes.

4. Yes. Make sure you show new I-797.

5. No.

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