I-94 expires a year before H1-B

[SandeepKairam]

Hello,

Here is my situation.
I have H1-B visa approved in 2018 with expiry date 8/31/2021 and i-94 that came with H1-B expires on 9/9/2021, during above H1-B application I had old passport which expires on 8/9/2020.

I had traveled to india during December 2019 with visa stamp which expires on 8/30/2021. While coming back to U.S in Dec 2019, during the immigration check, the CBP officer noticed that my passport about expire on 8/9/2020 and updated my i-94 to be expired on the same date as passport expiry.

Now I have applied and received my new passport.

Here are my questions regarding the whole situation.
1) What are my options to extend my stay in U.S or have my i-94 extended?.
2) Did my H1-B end date got updated to 8/9/20 because my i-94 got updated to that date?.
3) Is it possible to travel outside of U.S(mexico, Canada) with new passport and get my i-94 updated while returning back?.
4) If above question no: 2 is yes, then my employer has to file H1-B extension. if so and approved, Do I have to get the visa stamping again or can i travel using previous visa stamp which expires (8/30/21)?.

Thank you in advance!!!

[pontevecchio]

1. Talk to the employer. They may elect to refile a H1 petition for you. The company lawyer may be able to persuade CBP to correct the I94.

2. No. Petition duration remains.

3. Ordinarily, Yes. But in these days of COVID, probably not.

4. They can file a H1 petition for you even if the answer is NO. Your existing H1 Visa stamp is intact.

The sooner you inform your supervisor/HR about the situation, the better it will be for you.

[Zodiac System]

Today is August 3.  Your I-94 expires on August 9.  You have approximately  4-5 working days in the middle.  Contact your CBP (customs border petrol) immediately (take an appointment if needed) and meet them IMMEDIATELY (before the I-94 expires, with your H1b original approval notice and your NEW passport and request them to extend your I-94 until 9/9/2021 based on the H1b Approval Notice.  It is an easy procedure.  

Things will get complicated once your current I-94 expires.  

Waiting for other expert opinion

  

Edited August 3, 2020 by Zodiac System