Uregnt: H1B Amendment approved with reduced validity and I94 expiry.

[sanky28]

Hello, 

I got my H1b amendment approved recently a week back while I am travelling to India. The I797 validity and I94 expiry date came up with reduced time. Following are dates: 

Original H1B Approval, all previous amendments and I94 valid till: 2/12/2020

 Visa stamped till: 2/12/2020

Most recent amendment valid till: 12/31/2018

Most recent I94 valid till: 1/10/2019

My questions are: 

1. Does it mean that visa is valid only till 12/31 or this validity is only for the amendment solely? Will I be out of status?

2. Since I am currently in India, do I have to travel back to US before 12/31 or 1/10?

3. Do I need to file for an extension and/or amendment? (I no longer need to work at the location for which the amendment is approved)

4. I don't currently have the original I797 with me since it was approved after I traveled out of country. I Just have the scanned copy. Do I need the original copy at port of entry in US?

5. Will the immigration officer at POE be able to see my most recent I94 record (which came with recent I797) and question me on the same?

 

As this is time critical matter for me, I'd really appreciate your inputs as soon possible. I am not able to get in touch with my employers immigration firm since the holiday season is going on and everyone is out of office. 

Thank you.!

[immijam]

59 minutes ago, sanky28 said:

Hello, 

I got my H1b amendment approved recently a week back while I am travelling to India. The I797 validity and I94 expiry date came up with reduced time. Following are dates: 

Original H1B Approval, all previous amendments and I94 valid till: 2/12/2020

 Visa stamped till: 2/12/2020

Most recent amendment valid till: 12/31/2018

Most recent I94 valid till: 1/10/2019

My questions are: 

1. Does it mean that visa is valid only till 12/31 or this validity is only for the amendment solely? Will I be out of status?

2. Since I am currently in India, do I have to travel back to US before 12/31 or 1/10?

3. Do I need to file for an extension and/or amendment? (I no longer need to work at the location for which the amendment is approved)

4. I don't currently have the original I797 with me since it was approved after I traveled out of country. I Just have the scanned copy. Do I need the original copy at port of entry in US?

5. Will the immigration officer at POE be able to see my most recent I94 record (which came with recent I797) and question me on the same?

 

As this is time critical matter for me, I'd really appreciate your inputs as soon possible. I am not able to get in touch with my employers immigration firm since the holiday season is going on and everyone is out of office. 

Thank you.!

Bad luck. Amendment is always tricky, especially given the current times, has to be handled smartly. I am not 100% sure, but if you can maintain the pre-amended state/situation, you can continue as-is - but as you were issued a new I-94 with reduced validity, you will have to exit and renter under previously approved I-797, w/ attached I94. 

Note; if you aren't able to get back to revert to your previous situation. Then the only option us to file an extension. 

[sanky28]

@immijam I am already out of US, so rentering US should update my I94 validity to previously approved I797, w/attached I94? If so, should I renter US before I797 validity (12/31/2018) or I94 validity (1/10/2019)?

Please let me know. 

[immijam]

1. If you want to use your prior I797, make sure its valid i.e. Enter your I-797 receipt # on USCIS case status ad make sure it still reflects as "approved". Additionally, confirm with your employer it's still valid and not revoked. 

2. Secondly you have to make sure you are going to go back to the exact same circumstances i.e. same client/MSA, position, pay, etc. 

If 1 and 2 are true - yes you can enter using the higher validity petition. The one with "12/31/2018" is out of question, because if you use that then your will have to file for extension immediately. 

[Bibanth]

@sanky28,

I am in a similar situation. Can you please tell how you managed your situation.

Thanks in advance!

 

[Nikhil16061]

Hi, I am in the same situation. Could you please help how you managed in this situation.

Thanks