CBP officer issued I-94 based on visa vs I-797 approval

[designflaw]

I am sure this has been asked before, but upon yesterday into Dulles airport, the CBP office issues I-94 based on visa that is set to expire 6/2/2012. However, I have a I-797 approval notice (issues 9/2011) that is valid until 9/2014.

Does anyone know what needs to be done in this case?

[livliv]

I am sure this has been asked before, but upon yesterday into Dulles airport, the CBP office issues I-94 based on visa that is set to expire 6/2/2012. However, I have a I-797 approval notice (issues 9/2011) that is valid until 9/2014.

Does anyone know what needs to be done in this case?

You should have had it corrected then and there.

Now you can try to visit CBP deferred inspection post at nearby airport and get it corrected, it may or may not work.

If that does not work you have two options.

1. Employer can file extension.

2. You can leave the US submit your current I-94 and return and make sure you get new correct I-94 that time.

Both these options must be done before your I-94 expires.

[designflaw]

You should have had it corrected then and there.

Now you can try to visit CBP deferred inspection post at nearby airport and get it corrected, it may or may not work.

If that does not work you have two options.

1. Employer can file extension.

2. You can leave the US submit your current I-94 and return and make sure you get new correct I-94 that time.

Both these options must be done before your I-94 expires.

Thanks. To be better prepared, what are the situations in which visiting a deferred inspection post may not work? I plan on reaching out to one of them today to see what they say.

[livliv]

I think it is up to CBP's discretion. Did it work?

[ashluck]

I am sure this has been asked before, but upon yesterday into Dulles airport, the CBP office issues I-94 based on visa that is set to expire 6/2/2012. However, I have a I-797 approval notice (issues 9/2011) that is valid until 9/2014.

Does anyone know what needs to be done in this case?

Did you show the approval notice to CBP officer at airport or even after showing it it you were given I-94 as per Visa expiration date?

[designflaw]

I think it is up to CBP's discretion. Did it work?

Yeah it did. I went to the one in MSP airport and the guy was super nice. He took my passport/I797 and then a few minutes later, brought it back with the updates on the I94 card. He also put his info on the back of the card.

I hope all is well.

[designflaw]

Did you show the approval notice to CBP officer at airport or even after showing it it you were given I-94 as per Visa expiration date?

I never showed the approval to the CBP. I didnt realize that he has issued I94 with the incorrect date till a day later.

[apimple2002]

I had my I-94 expired and I did visit CBP office at JFK, NY. They were willing to correct it but my dates were expired for correction. So in your case, depending on your CBP office, I see following steps for you

1. Try to go to CBP office and ask for correction

2. If they don't agree for correction, ask them which is the right form for you, I-539 or I-102

3. I-539 and I-102 are forms for I-94 replacement and extension with filing fee $330.

4. After that you can follow the options provided by Livliv.

Hope this helps.

Atul

[sbjv]

CBP had corrected my I-94 in kansas airport

Here is my case. My visa stamp will expire by Jun 10th 2012. I had my I-797 approved until Jan 10th 2015. On Apr 23rd 2012, dallas aiport has given I-94 until Jun 10th 2012 as per my visa. Once i come back to kansas i went to CBP office and they corrected my I-94 and given until Jan 25th 2012 which is extra 15 days compared to what has been approved in my I-797 which is good :)