Urgent: i 94 Expiry with Valid visa, H1B Amendment case pending,


Arro0817

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Hello,

 

Here is the situation. 

 

My H1B Visa and I-797 are valid until September 18 2016,while the I-94 is valid until Feb 9 2016.

 

I went for H1B-stamping to Canada on Oct 23 2013. At that time the passport is expiring on Feb 9 2016. The CBP officer said,  even though you have a valid visa till September 18 2016, I cant give the I-94 for the same date because your Passport is expiring before your visa.

 

Current situation:

  • Got passport renewed and is valid until  July 30 2025
  • Filed H1B amendment on September 9 2015 with the new passport. Case is still pending.
  • H1B Visa expiring on September 18 2016. Have to apply for extension
  • Checked with CBP(Customs and border protection) Officer at the airport today, they said they will not change the I-94. 

Need clarification for the following:

  • Do I need to leave the country and get I-94 stamped?
  • Will the new H1B amendment change the I-94 date?If so will it be till I-797 validity? 
  • Can I stay in this country while the H1B Amendment is still in processing when I-94 is expiring?
  • what are the options do I have right now to handle this kind of situations?

Kindly assist. Any help is much appreciated!

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