I-94 Expired and I-797 still valid, I-94 expired after renewing passport.

[patrick_z]

Hello,

I am in middle of an issue here that I realized today, since I got a new job. I wouldn't have known this otherwise.

My I-94 has expired on 10/28/2018 based on my old passport expiry.

My I-797 is expiring on 07/09/2020.

My current H1-B visa is expiring on 07/09/2020.

I got my new passport issued on 09/12/2018.

So basically I-797 is valid, H1-B is valid but I-94 is expired. I came to know about this because I got a new job and the new employer mentioned that I will have to go for consular processing because, I am out of status. I was not aware that my I-94 expiring will cause me going out of status. I read some forums here but I could not find a specific case same as mine. 

Also its been less than 180 days since my I-94 has expired.

Please advice what are my options. A quick response will be appreciated. Appreciate for your time.

 

Edited April 2, 2019 by patrick_z

[shekar11#]

17 hours ago, patrick_z said:

Hello,

I am in middle of an issue here that I realized today, since I got a new job. I wouldn't have known this otherwise.

My I-94 has expired on 10/28/2018 based on my old passport expiry.

My I-797 is expiring on 07/09/2020.

My current H1-B visa is expiring on 07/09/2020.

I got my new passport issued on 09/12/2018.

So basically I-797 is valid, H1-B is valid but I-94 is expired. I came to know about this because I got a new job and the new employer mentioned that I will have to go for consular processing because, I am out of status. I was not aware that my I-94 expiring will cause me going out of status. I read some forums here but I could not find a specific case same as mine. 

Also its been less than 180 days since my I-94 has expired.

Please advice what are my options. A quick response will be appreciated. Appreciate for your time.

 

Better to leave country before 180 days. And you can come back with old visa stamp and new approved I-797 from new employer. Make sure your new employer files in premium.

[kubopap]

Hi,

 

I am in a similar boat, but the I-94 issued by USCIS that was attached to my I797 is still intact and has a validity period that extended beyond my old passport's expiration. So I have the following:

-I-797 (issued in 2016) valid thru 6/2019

-I-94 (issued in 2016) with I797 valid thru 6/2019

-However, when I left the country in 2017 I got an I-94 stamp by CBP with the same expiration as my passport (2/2018)

 

So which I-94 is followed - the one issued by USCIS or the one by CBP?

[patrick_z]

On 4/2/2019 at 3:44 PM, shekar11# said:

Better to leave country before 180 days. And you can come back with old visa stamp and new approved I-797 from new employer. Make sure your new employer files in premium.

@shekar11# thanks, I just got in touch with my attorney and they told me my visa is invalid since I overstayed. I will have to go to India and reapply for visa. Mostly it will go under admin processing after which i will get a new Visa. I will always have to mention that I overstayed in my DS-160 for all future DS-160's. Hence I cant leave since while coming back my visa will be invalid. I will let you know what happens after I am done in India. 

Appreciate your time 🙂

Edited April 4, 2019 by patrick_z
typo

[shekar11#]

On 4/3/2019 at 9:54 PM, patrick_z said:

@shekar11# thanks, I just got in touch with my attorney and they told me my visa is invalid since I overstayed. I will have to go to India and reapply for visa. Mostly it will go under admin processing after which i will get a new Visa. I will always have to mention that I overstayed in my DS-160 for all future DS-160's. Hence I cant leave since while coming back my visa will be invalid. I will let you know what happens after I am done in India. 

Appreciate your time 🙂

Cool. Right thing to do. Don't worry you will be fine.

[patrick_z]

@shekar11# I have posted my experience here. Just for anyone else to followup what happened on this case. Thanks again 🙂

 

[shekar11#]

On 4/3/2019 at 9:30 PM, kubopap said:

Hi,

 

I am in a similar boat, but the I-94 issued by USCIS that was attached to my I797 is still intact and has a validity period that extended beyond my old passport's expiration. So I have the following:

-I-797 (issued in 2016) valid thru 6/2019

-I-94 (issued in 2016) with I797 valid thru 6/2019

-However, when I left the country in 2017 I got an I-94 stamp by CBP with the same expiration as my passport (2/2018)

 

So which I-94 is followed - the one issued by USCIS or the one by CBP?

The one by CBP. Because that was the latest.

[SW_employee]

On 4/3/2019 at 6:54 PM, patrick_z said:

@shekar11# thanks, I just got in touch with my attorney and they told me my visa is invalid since I overstayed. I will have to go to India and reapply for visa. Mostly it will go under admin processing after which i will get a new Visa. I will always have to mention that I overstayed in my DS-160 for all future DS-160's. Hence I cant leave since while coming back my visa will be invalid. I will let you know what happens after I am done in India. 

Appreciate your time 🙂

Why did you not file for NPT with H1 extension? Did you check for this option?

[Anu1604]

On 4/3/2019 at 9:30 PM, kubopap said:

Hi,

 

I am in a similar boat, but the I-94 issued by USCIS that was attached to my I797 is still intact and has a validity period that extended beyond my old passport's expiration. So I have the following:

-I-797 (issued in 2016) valid thru 6/2019

-I-94 (issued in 2016) with I797 valid thru 6/2019

-However, when I left the country in 2017 I got an I-94 stamp by CBP with the same expiration as my passport (2/2018)

 

So which I-94 is followed - the one issued by USCIS or the one by CBP?

Hi Kubopap,

Is your issue resolved, I'm exactly in the same situation and need urgent help.

Thanks,

Anu

[Sid2194]

Hello What is the updated on this issue?

I am facing similar issue. My H1B was approved in Aug, 2019. I traveled to Canada for 2 days in Oct, 2019 and came back on old stamp which was valid until Feb, 2020. Now I checked my I-94, it says valid until Feb, 2020. 

 

Any idea how to tackle this situation?