H1B valid but i94 expired

[kalakala]

hi,

I have my first H1B approved and Valid until September 30, 2014. I wanted to Visit India during August 2014 so to be on safe side i applied for H1B Renewal Premium and got approved with New I94 Valid from October 1 2014 to September 30 2017. In India my H1B Visa got approved Based on First H1B Approval which is valid until September 30, 2014 so got Visa valid until same date which is September 30 2014. I flew back to JFK,NY and i have latest i94 electronic arrival record was issued which says admitted until September 30 2014.

 

One of my friend said that Latest i94 superseeds the one which is old. Since the Latest i94 which i received during arrival (valid until september 30 2014) superceeds the i94(valid until October 1st 2014 to September 30 2017) issued on h1b approval, do i have to re apply for h1 to get latest i94 so that dates are currrent, incase if i want to fly to India.

 

I am just trying to confirm that I am on Valid H1B Status.

 

Your Help is greatly appreciated.

 

Thank You.

:)

[JoeF]

The latest I-94 counts. It seems that you have overstayed. Discuss your situation with a good immigration lawyer ASAP.

[Attorney_20]

Did you present the H1B approval valid until 2017 when you entered?  If the I-94 record says your status is valid until Sept. 2014, you need to speak with an immigration attorney to resolve this matter immediately.

[rammstein]

If you have presented new I797 valid until 2017, the CBP officer would have given you a I94 valid until 2017. As of now you seem to be overstaying, you should contact the deferred inspection site at JFK to check if they can correct your I94. Also as others were saying you should talk to a attorney to guide you through the best course of action. Good luck!!

[kalakala]

Attorney_20,

Immigration officer warned to me that my h1 is getting expired next month when i landed in JFK. I said that my H1 renewal is already approved later he smiled and said Next. but he didn't asked for it.

[kalakala]

Finally i found solution to my issue. My attorney suggested to meet U.S. Customs and Border Protection Deferred Inspections Unit which is in JFK Terminal 5 Arrivals. They close at 2PM so i left early to meet the officer and provided all original h1 approval documents and both my new and old passport. He checked the dates and adjusted the admittance dates on i94 until expiry date of my passport which is in August 15 2015. He would have adjusted until end of my h1 which is september 30 2017 but he can't because they don't have my new passport in their past records. 

 

officer said that I have two options.

 

option 1. Leave the country before August 15 2015 and re-enter with new visa using renewed h1 from India or canada. If we choose India by default we will get new admittance  (i94) by default each and every time but if we choose canada we need to ask immigration officer to issue new admittance record ( i94) when we enter into US. Officer in Deferred Inspections Unit mentioned that we MUST ask immigration officer at port of entry.

 

option 2: File new i129 so that new i94 is printed on i129 approval. During this process I may need to send copy of my new passport for their records.

 

Thank you Everyone for helping me to fix this issue.

 

:)