H1b Visa approved for 1 year

[Raj0511]

Hi,

My H1b was approved for 3 years but when i visited my home country my H1b visa was issued only for 1 year.

Even my i94 is expiration is same as my Visa issue date. What is the best way to extend my i94.

 

[pontevecchio]

The visa is an entry document. Why did you not show the H1 petition approval while returning?

[Raj0511]

While returning no one asked me to show the H1 petition approval. I thought that as my visa is valid only for 1 year so i94 has been issued for 1 year. 

What is the next step I need to do in order to extend my i94. 

[xTDx]

1 hour ago, Raj0511 said:

While returning no one asked me to show the H1 petition approval. I thought that as my visa is valid only for 1 year so i94 has been issued for 1 year. 

What is the next step I need to do in order to extend my i94. 

visa foil/stamp is your travel document . POE officer do not care much about your i797 if it is still valid. It is your responsibility to know these things and make a polite request to POE officer to use your latest i797 for i94.

Some options:

1- Your employer can file an extension of status(again).

2- You can leave(canada/mexico) or even your home country and come back using your new i797. POE officer again may issue you a i94 based on visa dates. You have to politely request them to issue your i94 based on new petition.

3- Try going to CBP deferred inspection site applicable to your area to correct i94. They may simply yell at you and may not even entertain you for your i94 extension. This has worked for at least 2 cases that I know. 

Edited January 11, 2019 by xTDx

[pontevecchio]

Make an appointment at the CBP , maybe at the Airport and tell them that you have an approved H1 petition and it would seem the I94 on entry was issued with an error and would he please correct it. The moment you decided to ignore the visa issued by error for only one year, the whole chain started. Hopefully the shutdown by the Great Dictator will not last long or you may get no joy and will have to follow the various steps enumerated in the previous post.

[Raj0511]

1 hour ago, xTDx said:

visa foil/stamp is your travel document . POE officer do not care much about your i797 if it is still valid. It is your responsibility to know these things and make a polite request to POE officer to use your latest i797 for i94.

Some options:

1- Your employer can file an extension of status(again).

2- You can leave(canada/mexico) or even your home country and come back using your new i797. POE officer again may issue you a i94 based on visa dates. You have to politely request them to issue your i94 based on new petition.

3- Try going to CBP deferred inspection site applicable to your area to correct i94. They may simply yell at you and may not even entertain you for your i94 extension. This has worked for at least 2 cases that I know. 

Thank you so much for providing the options.

Is there going to be any relation with client letter and Visa end date. My client letter is valid for 1 year and the same end date is issued on Visa and i94. 

Even at this point of time still the above options applicable?

Edited January 11, 2019 by Raj0511
Provided More clear information

[Raj0511]

On 1/11/2019 at 3:43 PM, pontevecchio said:

Make an appointment at the CBP , maybe at the Airport and tell them that you have an approved H1 petition and it would seem the I94 on entry was issued with an error and would he please correct it. The moment you decided to ignore the visa issued by error for only one year, the whole chain started. Hopefully the shutdown by the Great Dictator will not last long or you may get no joy and will have to follow the various steps enumerated in the previous post.

CBP officer suggested me to reach out to CIS as they can’t change the i94 expiration date because as my visa expiration date is same as i94 expiration date. Please suggest

[pontevecchio]

See the post by xTDX above. Ask your employer what he wants to do.

[Raj0511]

I went to India for visa correction and Hyderabad embassy suggested me to reach out to USCIS. If my employer want file my extension how can he file my extension when I have I-797 copy of 3 years. Is it possible to submit the I-797 copy what I have and file for extension. 

Please help with your suggestions.

 

Thank you.