Shorter I94 date issued by CBP

[cheeka]

Hello

I have my passport valid until 2025 and my current H1B visa stamped which is valid until 01 Feb 2019. I also got my H1b extension approved in Sep 2018 with validity from 02 Feb 2019 to 01 Feb 2022- with these dates showing up in the I94 on the I797 of the approved extension.

 I traveled to India in Nov 2018 and got the visa for my H1B extension stamped on the passport until 01 Feb 2022 .  While entering the US in Nov 2018, the CBP officer gave an admit date on the I94 only until 11 Feb 2019 and not until 2022 though I had the visa stamped until then.  When I checked with them, they said the new petition starts only from 02 Feb 2019 and hence they can't give a later admit until date on the I94 prior to that. I later went to the Deferred inspection site and checked if they can change the I94 admission date until Feb 2022. Initially they said they can do and asked me to come towards end of Jan 2019, but when I went in today they said they can't change it and I will have to leave the country before 11 Feb 2019 and re-enter to get the new I94 date.

Few questions :

1. The I94 on the I797 for the extension approved in Sep 2018  by USCIS has validity until Feb 2022, but the I94 issued by CBP during the entry into the country later in Nov 2018 has validity only until 11 Feb 2019.  Now which one should be considered for validity of stay - the I94 issued  by the USCIS on the I797 earlier or the one issued by the CBP later during the arrival?

2. If the latest one issued by CBP is the one to be considered,  is there anyway I can get it changed until Feb 2022 without leaving and re-entering the country? Are there any documents (other than I797/passport/visa stamp) or links that I can show the CBP officer for getting this done?

3. Is leaving the country before 11 Feb 2019 and re-entering the only option, or are there any other options?

Thanks.
 

[pontevecchio]

Have you discussed this with the company lawyer? The H1 approval from second feb presumably has an I94 attached and that is the date of the last action. I suspect you are fine if the existing extension from Feb second has an I94 attached.

[cheeka]

Yes, the latest I797A   has an I94 attached with  validity from 02 Feb 2019 to 01 Feb 2022.  And the "Notice date" on the  in the top left says 08/29/2018 (the extension was approved in August 2018 and not September 2018 as I mentioned earlier).  So which one should be considered as the last date of action  - the I94 validity date or the "Notice date" ? 

 

I discussed with my company attorney and they replied  similar to what you mentioned  that I don't have to exit and re-enter since the I-94 card date on the H1B approval notice is dated after my last entry date into the US which was in November 2018., and the latest date controls. But I still wanted to double check if anyone had similar situation and how they handled it.

 

Thanks.

[solution]

Hello  Cheeka,

         First of all this is a grey area of immigration.   I was and am in the similar situation but worse than yours. I noticed my I-94 which was given to me by CBP when I entered US after its expiration. I filed my extension much later and was approved by USCIS by God's grace. Yout latest I-94 issued governs your status. I have talked with 6 different immigration attorneys and did research over 5 months and still doing. In your case you entered after the approval of yours H1B extension. Even though your I-94 issued by USCIS is of later date than given by CBP, Last action trumps all other actions. In your case last action is I-94 issued by CBP. So you should err  on the side of caution and go out of the country  and come back with new passport and CBP should give you I-94 till the petition end. Let me know if you have any questions.

 

 

    

[cheeka]

Thanks for sharing your views.

One other question - my family is on H4 and the  I94 on their I797s (for the approved extension of their H4) are  dated until 11 Feb 2022. They never traveled with me  during Nov 2018 after their extension approval and they are planning to  visit India in June this year when they will go for visa stamping for their extension.

Since their I94s are different from mine and for them the one on their I797s are the last action, I am hoping that they don't have to travel with me now while exiting and re-entering, and they won't face issues when they go for visa stamping or re-entering US after their trip. Or should I be concerned about their I94s as well since their H4s are linked to my H1B?

[solution]

I think they should fine once you get an updated I-94. I don't think they need to travel with you, but not 100% sure though, please ask your immigration attorney.