I-94 expires with H1b visa, but have valid I-797

[jayana]

Hi,

I am currently working in H1B visa. My visa is valid until 9/30/2011. When I switched employers I got the visa transferred and the new I-797 has validity till 2013. After the visa was transferred I travelled to india in November 2010 and came back without going for H1B stamping, as I thought its already there on my passport and I donot have to stamp when I change employers as I have valid I-797

But at port of entry the officer gave me I-94 only till my visa expiry which is 9/30/2011.

1)Now although I have valid I-797 till 2013, should I go outside the country to get the stamping done? Can I request for I-94 extension without leaving the country? Can I talk to CBP regarding the same?

2) I have a india trip planned in 25 november 2011, less than 60 days after I-94 expired. Can I continue to stay in the country and then when I go to india I can get stamping done? Will that affect my stamping in USCIS, will they say I was out of status

3) If I go to Vancouver, Canada for stamping, can they evaluate my education and give me the visa? I donot have a master's degree from USA?

Thanks for being generous and answering my questions

[pontevecchio]

"But at port of entry the officer gave me I-94 only till my visa expiry which is 9/30/2011."

Why did you not show the Officer the new H1 petition? Go to your nearest CBP Office and tell them you were given an I94 based on the previous H1 petition approval instead of the current one and you would like it corrected. Print out a copy of..

"July 8, 1997

All District Directors

All Officers-in-Charge

Office of Benefits

Service Center Directors (HQBEN)

All Port Directors

This office has received a number of inquiries from the public and Service officers concerning the validity of certain nonimmigrant visas where the beneficiary changes employers but remains in the same nonimmigrant classification. This issue has generated a substantial amount of correspondence between the Service and the Department of State (DOS). The purpose of this memorandum is to provide you with the current policy of the Service and the DOS with respect to this issue.

The issue arises where, for example, an alien enters the United States as an H-1B nonimmigrant on the basis of a petition filed by "Company A." After commencing employment, the alien receives a more attractive job offer from "Company B." Company B files a new H-1B petition in the alien’s behalf which is approved by the INS. The alien then begins employment with Company B. The alien subsequently leaves the United States and then applies for admission as an H-1B nonimmigrant alien to work for Company B presenting the H-1B visa issued to him based on Company A’s petition.

Be advised that the current Service and DOS policy is that, in the case of an H, L, O, or P nonimmigrant visa, the visa remains valid during its validity period regardless of a change in the beneficiary’s employer. As long as the alien remains in the same nonimmigrant classification, the visa is considered to be valid up until the date of its expiration. An H, L, O, or P nonimmigrant alien who changes employers in the United States, but remains in the same nonimmigrant classification, may use the previously issued visa to apply for admission to the United States if it is still valid.

The policy will continue until further notice. This memorandum relates only to the H, L, O and P nonimmigrant classifications.

In addition, service officers are again reminded that H-1B and L-1 nonimmigrant aliens should be admitted for the validity period of the supporting petition, if otherwise admissible. Officers should not arbitrarily limit the admission period of an H-1B or L-1 nonimmigrant alien.

Michael L. Aytes

Assistant Commissioner "

[Suhan]

I am in the similar situation too,

My I-94 is valid until Oct 9th 2011 ans my Visa Expires on Sept 29th 2011 with company A, I have got my new approval with company B until 2014.

So do i have to go and just reenter into USA from canada or go for Visa stamping for Company B? I recently travlled to India and is it okay of i go to canada and just re-eneter?

Please advise, Thank you for your time!

[SameerH1Bworker]

@Suhan,

If you've filed for H1B transfer/extension after you came back from India then your I-797A should have I-94 at the bottom. If it has I-94 at bottom & after receiving new I-797A approval if you've not leaved US then you do not need to go out of county(US). You can notice that I-94 at the bottom of I-797A has same number which you got from POE while entering US.

[Suhan]

I entered from Inida on june 29th 2011 and he gave me the Validity on I-94 until oct 8th only inspite of saying that i got my H1 extended. So in this situation should i go to canada and just re-enter to get a new I-94 date or shoul di go for visa interview and enter? Please advise !

[SameerH1Bworker]

No need to go canada or for re-stamping. You can go to near by CBP office, prefer any nearby international airport & talk to supervisor & explain your situation & he/she will give you new I-94 according to new I-797.

[Transformer]

As suggested by pontevecchio and Sameer, you can get it corrected by near by CBP office. Search in the forum lot of people have done this correction at CBP office.

I just entered into USA last week with my old employers VISA and new petition from another emplyer. I explained this to the Officer at POE and he granted me I-94 until the expiry of my new petition.

[Suhan]

Thank you for your time and advise.!

[bwang]

I have the same situation. I went to the nearest CBP office and the officer refuse to give me new I94. But he said I am legal here because I have valid I797 from USCIS 

[Shukla]

I travelled to US on visa stamped with employer A  to work for employer B which is expiring on 30 June 2018 and already have an approved I797 till 2021 from employer B. I have been issued an I 94 based on visa stamped i.e. 10 July 2018.  I have approved I797  till 2021 so how can I modify I-94 as per this I797?

Please guide