Help! I-94 expired but I-797 valid


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I entered United States in May 2019 with valid H1b visa and passport. As my passport was going to expire in April 2020, the Customs and Border Protection Officer just granted the admission until October 2019, which is 6 month prior to my passport expiration date. My H1b is valid till July 2021 and I renewed my passport in August 2019. 

CBP asked me to file the extension with USCIS but the extension application is based on a valid I-94 date...

Also I can't leave the country and return as I have already crossed more than one year and which cause a ten-year ban...

Appreciate any suggestion and guide!

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On 3/11/2021 at 1:14 AM, CCCCyy123 said:

the Customs and Border Protection Officer just granted the admission until October 2019, which is 6 month prior to my passport expiration date.

That is strange. Your I94 should have been stamped till the date of passport expiry.

It begs the question of why you did not react to the matter on hand before October 2019 by involving your employer.

Get a lawyer involved to look into what is possible.

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On 3/12/2021 at 8:52 AM, pontevecchio said:

That is strange. Your I94 should have been stamped till the date of passport expiry.

It begs the question of why you did not react to the matter on hand before October 2019 by involving your employer.

Get a lawyer involved to look into what is possible.

For passports from countries that are not part of the 6-month club, CBP is required to put an admit-until date on the I-94 that is no later than 6 months before the passport expires, because the law says that a nonimmigrant is inadmissible unless their passport is valid until 6 months after the period of stay. The OP didn't say what passport they were using, but if it was a passport from a country not part of the 6-month club, then the admission until October 2019 would have been correct. In any case, even if it was a passport from a country in the 6-month club, the OP should have been admitted until April 2020 which is also long past.

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On 3/11/2021 at 1:14 AM, CCCCyy123 said:

I entered United States in May 2019 with valid H1b visa and passport. As my passport was going to expire in April 2020, the Customs and Border Protection Officer just granted the admission until October 2019, which is 6 month prior to my passport expiration date. My H1b is valid till July 2021 and I renewed my passport in August 2019. 

CBP asked me to file the extension with USCIS but the extension application is based on a valid I-94 date...

Also I can't leave the country and return as I have already crossed more than one year and which cause a ten-year ban...

Appreciate any suggestion and guide!

Get an experienced attorney and file an extension.  Some have seen success in such cases.

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