I-797 approved until 2019 but the amendment got approved until jul 2018

[skb74]

My I-797 got approved until Sept 2019 and I-94 with the expiry date of Sept 2019. Since my last name was missing on the approved I-797,  I applied for amendment to have my last name corrected. Received an RFE and they asked for client SOW. Since client provided SOW for 3 months, USCIS approved I-797 for the period for which SOW was provided. Now my new I-797 is approved until Jul 2018 and I-94 get expired on Aug 7th 2018.

My spouse and kids I-94 are valid until Sept 2019.What are my options?

#1. Leave US before I-94 expiry, go back to India and re-stamp using previous approved I-797 ?

#2 My spouse and kids I-94 didn't not expiry. should they also give the country along with me ?

#3. Whether the new approved I-797 which got approved until July 2018 override my previous I-797 which was approved until Sept 2019? My client, location is same in both the I-797 .

Please help me.

 

Thanks

Skb

 

[pontevecchio]

This is a complicated matter and you should have your employer involve a lawyer. You will need to have them file for another extension and then leave and return with the visa.

[skb74]

My company legal department came and told me that they will withdraw the amendment and my old approved petition will hold good and now I've don't have to leave the country.