I94 and stamped visa expired with valid i797A

[kishoree]

H1B stamp expiry date: 6/30/2018 (From old employer)

I94 expired on 7/09/2018 

I797A valid from 11/02/2016 UNTIL 9/30/2018

I-140 approved on June 2018

 

I flew to India and came back on 2/14/2018 on visa from my old employer.  At port of entry, I was not asked for any documents, i assumed they had everything they need.  I did not realize until yesterday wthen my attorneys pointed out that my I94 expired. They are saying it is not good to apply for a H1B extension and are saying I am out of status. 

Can anyone please suggest what needs to be done. 

[pontevecchio]

If you showed the latest H1 petition while returning, the one ending in September, your I94 should have been till then. What is the reason for the I94 expiring in July.?

[kishoree]

I did not show. That was my mistake. I kept all my documents in my hand but he did not ask. So, i thought he got what he needed. I dont know why they gave me I94 expiring in July when my stamped visa expires on Aug 30th. 

Can you suggest what i have to do now. I am planning to go to CBP office here on Tuesday. But i am not sure what they will ask and how should i respond. 

I am really afraid thinking whats going to happen if CBP office does not change my I94. 

 

[pontevecchio]

The I94 has no connection to visa expiry. The I94 should have been issued till 09/30/2018. The scenario makes no sense. Did an actual lawyer tell you what you describe?

[kishoree]

Yes. An actual lawyer told me to go to cbp office and request an I94 extension until 9/30/2018

 

[pontevecchio]

In your initial post you did not mention that the lawyer asked you to get a new I94 by approaching the CBP.

That would be the first step. It is most likely an error in data entry by the Officer.