Urgent- I-94 Expiration Date not based on Old I 797-A

[VijayTati]

Hi,

I have a weird case, I am primary alien working on H1-B. My company has applied H1-B extension and I got my new I-797 A approved. While applying my extension we also applied H4 EAD extension for my wife. While my wife H4 EAD is under processing status - I went to India for a week and came back to USA. I got my I-94 expiration date based on old I-797A and not based on new approved petition (as it starts in future). 

My wife I-539 has been denied due to my New I-94 (that I got at airport) as it is having less validity compared to her petition requested date. USCIS is not considering the new petition and denied based on my I-94.

Here is the sequence of things happened:

1) Current I-797 A is getting expired in Nov 2019. 

2) Filed H1 B Extension in Premium Processing and also applied for my dependent H4 & EAD extension

2) Primary Applicant H1B petition got approved in September 2019 with future start (Nov  2019) and end dates (Nov 2022) with I-94 dates (Nov 19 to Nov 2022)

3) H4 & EAD extension is still in Processing STATUS.

4) Primary Applicant (I) traveled out of USA in Sep and came back to USA within a week on September (after I got my new approved petition). 

5) At International Airport CBP had issued new I-94 based on Old Visa (old petition) with I-94 expiration till Dec 2019.(May be because my new approved petition  starts in future i.e. Nov 2019)

6) Now, USCIS has denied my spouse I-539 saying primary Alien I-94 is only valid till Dec 2019 and application is to extend till Nov 2022. 

Though I have valid I797A approved copy till 2022, my wife extension is denied based on newly issued I-94 date (based on old petition).

Questions: Will I be able to get my I-94 corrected at CBP based on my future I-797 a start and end date? Can I ask my lawyer to file a reply on denial explaining the scenario? 

Are there any such cases and how to proceed on next steps. If we don't get EAD extension approved on timely manner then she will not be eligible to work. I am bit confused on next steps and how to get this approved with less than 30 days before EAD expiration.

Appreciate if you can help with your suggestions/thoughts.

Thank you.

Vijay

 

 

[User099]

I would suggest you talk to the Attorney who did the initial filing. They might be able to give you the best option as your wife's EAD is tied to it. I would hate for you to reapply and wait 6 months again for EAD. 

[veni001]

21 hours ago, VijayTati said:

Hi,

I have a weird case, I am primary alien working on H1-B. My company has applied H1-B extension and I got my new I-797 A approved. While applying my extension we also applied H4 EAD extension for my wife. While my wife H4 EAD is under processing status - I went to India for a week and came back to USA. I got my I-94 expiration date based on old I-797A and not based on new approved petition (as it starts in future). 

My wife I-539 has been denied due to my New I-94 (that I got at airport) as it is having less validity compared to her petition requested date. USCIS is not considering the new petition and denied based on my I-94.

Here is the sequence of things happened:

1) Current I-797 A is getting expired in Nov 2019. 

2) Filed H1 B Extension in Premium Processing and also applied for my dependent H4 & EAD extension

2) Primary Applicant H1B petition got approved in September 2019 with future start (Nov  2019) and end dates (Nov 2022) with I-94 dates (Nov 19 to Nov 2022)

3) H4 & EAD extension is still in Processing STATUS.

4) Primary Applicant (I) traveled out of USA in Sep and came back to USA within a week on September (after I got my new approved petition). 

5) At International Airport CBP had issued new I-94 based on Old Visa (old petition) with I-94 expiration till Dec 2019.(May be because my new approved petition  starts in future i.e. Nov 2019)

6) Now, USCIS has denied my spouse I-539 saying primary Alien I-94 is only valid till Dec 2019 and application is to extend till Nov 2022. 

Though I have valid I797A approved copy till 2022, my wife extension is denied based on newly issued I-94 date (based on old petition).

Questions: Will I be able to get my I-94 corrected at CBP based on my future I-797 a start and end date? Can I ask my lawyer to file a reply on denial explaining the scenario? 

Are there any such cases and how to proceed on next steps. If we don't get EAD extension approved on timely manner then she will not be eligible to work. I am bit confused on next steps and how to get this approved with less than 30 days before EAD expiration.

Appreciate if you can help with your suggestions/thoughts.

Thank you.

Vijay

 

 

Try getting i-94 corrected at nearest CBP and then your lawyer can refile H4&EAD extension for spouse.

[VijayTati]

Went to CBP today and got it corrected. However it is not the same as my recent approved I-797A.  Replied to USCIS to reconsider this case with corrected I-94.  Waiting for approval now.

Good Learning: Recent I-94 dates are the ones that takes precedence  than any other approval/date. Need to watch out what the CBP is giving while entering the country especially during renewal times.