H1 I-94 vs CBP I-94

[Nara725]

Hi,

Can i know when does a new H1 extension's I-94 validity starts?

Say, i have a valid Visa and H1 till Dec 31st 2020, i traveled abroad and returned to US(after approved H1 extension), but failed to shop my new H1 extension at Port of Entry. So, the CBP officer stamped an admit date of 31st Dec2020. 

Now the question is, the new H1 starts from Jan 1st 2021 and is approved, is the I-94 issued by USCIS is still valid? I read some posts in Murthy law firm, they stated that if we are entering US on a new H1, then we need to show that. But in this case, i'm entering on my old H1, so would like to know which i-94 supercedes.

Thanks,

Nara

[rksingh]

Your new I-94 that was issued to you at port of entry is the one that is valid....which means you only have legal stay up to Dec 31st, 2020 and will begin to accrue unlawful presence after that day.

It is up to the traveler to show the officer the new I797 form in addition to your valid visa stamp so that your I-94 will reflect the date on the I797 form.

You can try visiting a CBP Field Office and see if they will help you extend your I94 till the new H1B extension date...however this process has mixed results with some offices willing to help you while some will refuse outright.

The other 3 options are to:

1) drive into Mexico or Canada and turn around and drive immediately back into US and make sure to tell POE officer that you do NOT want to use AVR but want NEW I94 with I797 date (Mind you, you will also need Canadian or Mexican visa).

2) Apply to USCIS for extension of stay.

3) Make a trip to India (or anywhere outside US by flight).