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Chivi17

Query reg I94 & I797-B Approval Notice

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Here is my situation, kindly read and provide your valuable feedback.

1.) Valid Visa stamping until March 29,2020 in my passport , sponsored by Company A.

2.) On February 10,2020 , H1 petition submitted by Company B approved until October 29,2020. I am in India at that point.

3.) Approval notice was sent as I-797B. (With no I94 card attached). But they mentioned about Consulate/POE as "Hyderabad" and OCC as 030 at the end of the page -1.

4.) I travelled to USA on February 28,2020 with I797B. At the port of entry , CBP agent updated by I94 validity until March 29,2020 - the Visa end date.

 

Now My questions are....

1.) Is it legal to stay beyond I94 date as we have an approved I797B with validity until October 29, 2020 ?

2.) Why it was mentioned Consulate on the petition approval notice ? Does it mean stamping is required ?

3.) Now as I am in USA already, Do I have an option to visit any Consulate other than "Hyderabad" as mentioned in the petition and get my I94 updated ?

If any other valid points are being overlooked, kindly let me know.

Thanks !

 

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Presumably, you showed the petition approval from A to enter. The petition approval from B did not have an I94 since the petition was filed when you were out of the country. 

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1. No, its not legal to stay beyond I94 date.

2. You got it because you were not in US at the time of filing. You should have showed the I797 approval from Company B and ask for an I94 based on it. 

3. You can go to any other US consulate in Canada or Mexico for visa stamping. Or you can travel again and ask for a new I94 on the bases of the I797 approval from Company B. 

Try calling the local CBP office and see if they can update it as its a recent issue.

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evecchio - Thanks for the response. I did show him the new I797B , but still CBP agent told me stamping has to be done and updated i94 with my existing visa expiry date.

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099- Thanks for your response.  Seems like I got three options here.

1.) Go to CBP office and ask for updating of I94 based on I797B.

2.) Book visa appointment at Laredo Mexico US consulate, get new visa stamped , enter USA and get I94 updated. [ Nevertheless to say , I am scared about situations like visa rejection or visa delayed scenarios in Mexico ]

3.) Travel to India , get visa stamped , travel to USA on latest visa and at the POE , CBP obviously updates I94 with new I797B expiry date. [ Again here comes the demon of administrative processing.. oops]

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Try calling a CBP office near the Mexican border to see if they will update the I94 on the basis of I797B and a valid visa. You might have to still go to the mexican border to get it. I don't think your local CBP will do it. Be sure to mention that its I797 "B" and not I797A.

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