I94 be issued based on i797

[varadora]

It is May 2018 now..

I have to travel to India during June 2018 and return during July 2018. I do have valid H1B visa stamped until Sep 2018. My company had already applied for H1B extension but I may receive the new I797 only while I will be in India during June. Most likely, I will not be able to schedule a Visa appointment while I am in India during June, so I may have to travel back to US with the visa that I already have until sep 2018 carrying with me the new I-797. Note that the  visa that is stamped in my passport is valid only until sep 2018 and I hope the new I-797 will have a date at least until late 2019 accordingly the I-94 comes with that will also be valid thro late 2019.

 While I return back to US, will I get I-94 based on the date in the new I-797 or the CBP officer will issue I94 only according to the visa that is stamped ?

If I get I-94 based on stamped Visa then I will get it only until Sep 2018, incase if I get I-94 based on new I-797 then I may get I-94 until late 2019.

I don't worry about my passport expiry since it is valid until 2021.

Thanks

[pontevecchio]

The I94 entry will be till the H1 petition expiry.

[shekar11#]

On 5/16/2018 at 6:24 PM, varadora said:

It is May 2018 now..

I have to travel to India during June 2018 and return during July 2018. I do have valid H1B visa stamped until Sep 2018. My company had already applied for H1B extension but I may receive the new I797 only while I will be in India during June. Most likely, I will not be able to schedule a Visa appointment while I am in India during June, so I may have to travel back to US with the visa that I already have until sep 2018 carrying with me the new I-797. Note that the  visa that is stamped in my passport is valid only until sep 2018 and I hope the new I-797 will have a date at least until late 2019 accordingly the I-94 comes with that will also be valid thro late 2019.

 While I return back to US, will I get I-94 based on the date in the new I-797 or the CBP officer will issue I94 only according to the visa that is stamped ?

If I get I-94 based on stamped Visa then I will get it only until Sep 2018, incase if I get I-94 based on new I-797 then I may get I-94 until late 2019.

I don't worry about my passport expiry since it is valid until 2021.

Thanks

It is based on H-1 expiry, not visa.