I94 expiry date before petition end date


Kevalcj

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Hi, my H1B petition is approved till end of this year 31st Dec 2019. But the i94 expiry is incorrectly printed as 10th Jan 2019 instead of 10th Jan 2020. The dates are correct in my wife's i797 receipt with petition ending on 12/31/2019 and i94 till 01/10/2020.

To correct the i94, i have filed a i102 form with USCIS but pending receipt number. My company has also requested a corrected i797 from USCIS. Response is awaited on this too.

CBP is not able to help here because the mistake is done by USCIS as part of H1B extention.

Can someone help to answer if I can stay beyond 10th Jan 2019 with i102 currently in execution or i will have to leave the states by then.

If I have to leave USA, can my wife continue to stay since she has proper validity ?

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54 minutes ago, Kevalcj said:

Hi, my H1B petition is approved till end of this year 31st Dec 2019. But the i94 expiry is incorrectly printed as 10th Jan 2019 instead of 10th Jan 2020. The dates are correct in my wife's i797 receipt with petition ending on 12/31/2019 and i94 till 01/10/2020.

To correct the i94, i have filed a i102 form with USCIS but pending receipt number. My company has also requested a corrected i797 from USCIS. Response is awaited on this too.

CBP is not able to help here because the mistake is done by USCIS as part of H1B extention.

Can someone help to answer if I can stay beyond 10th Jan 2019 with i102 currently in execution or i will have to leave the states by then.

If I have to leave USA, can my wife continue to stay since she has proper validity ?

Yes. She can stay if you have to leave.

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