I94 expiring but visa valid and change in Job change on H1B

[nayakva]

Hello,

 

I'm in the US on H1B.

 

Last time, I had returned to US in March 2015. Because my passport was supposed to expire in May 2016, the CBP officer gave me I94 till the same date as the expiry of my passport although my visa and I797 were valid till July 2017.

 

The officer had told me to go to Mexico and make a U turn and get new I94 with same validity date as that of Visa.

 

In January 2016, I changed job for which my new employer had filed H1B transfer petition but at that time my passport was not renewed, so the approval of new petition did not change I94.

The petition validity also has been curtailed to Jan 2017.

 

Now my passport has been renewed.

 

Question: Is there any option so that I don't have to go out of the US for extending I94? If I go out of the US for new entry will I need to get visa stamping done or just re-entry will suffice.

 

Thanks in advance!!

 

 

 

 

[rksingh]

The only way to extend your I-94 in this case is to apply once again for your H1B extension with new passport details.

 

If you go out of the US for new entry, your visa stamp (valid till July 2017) will allow you in BUT your I-94 will be limited to Jan 2017 since that is the date of your current petition.

[Pratap111]

I am exactly in same boat. I traveled to US in May 2015 and had my passport validity till 3rd week Jun 2016 and was given I-94 matching with passport. Later in Nov 2015, I changed employer and have filed transfer in Nov 2015 in regular processing which is still pending. This transfer was submitted with old passport details (expiry - 3rd week of Jun)

I recently renewed my passport and have given my new passport details to Attorney to update it in my pending case. However Attorney is of opinion that USCIS may or may not update the case with new passport details and it will not be reflected in online status as well.

 

With that I have 2 questions:

1. Whether the case will be updated with new passport details and new petition and new I-94 will have 3 years validity (this is my fresh H1B with 5 years available)

2. In regular processing my case will not be approved until mid-Jun, which is the time of my existing I-94 (and old passport) expiring as well. If my case is not updated with new passport , Can I get new I-94 of few days (3rd week of PP expiry - mid jun approval = 1 week or so) or in case if my case processing goes beyond 3rd week of Jun, will I get new petition with I94 expired (matching with Passport expiry of 3rd week of Jun)

3. Will my new petition will also come with Jun expiry date - giving me same option as above to renew it within a week ?

 

My family is in India with a plan to travel in May and I am in dilemma whether to postpone their travel. Please advise.