I-94 expiring soon

[rohit666]

Hello Seniors Members,

I previously had valid I-797 until Feb 5,2015 from my previous employer and i have valid H1b Visa until Feb 5, 2015. I recently changed my employer and got a new I-797 until Nov 22, 2016.

I have traveled to mexico( OUT of US) a month ago and re-entered US so i was given new I-94 but it has an end date of Feb 5,2015 instead of Nov 22,2016. 

1. so am i eligible to stay and work in US beyond Feb 5, 2015?

2. I should have been given admit until date as of new employer or new I-797 right?

3. I recently went to extend my driving license with a new state and got license only until Feb 5, 2015 so i am concerned about my status after Feb 5,2015?

any suggestions or experiences will help..

Thanks

[bluebeamer999]

Did you ask the immigration officer why he did not extend your new i94 till 22-Nov-2016?

If so what did he say?

Have you tried approaching local CBP office on the same for getting it corrected?

If so what did they say?

I'm in similar situation and was advised by CBP officer to cross the border and come back as my i94 is valid till 11-nov-2014 and my latest i797 has valid status till 15-may-2014

[jairichi]

1. No, you are not. You need to exit & enter with valid H1B visa & I797 to get new I94.

2. Approach local CBP office to see whether they can change it.

3. Based on current I94 validity after Feb 2015 you will be on no valid status in US.

[rahul412]

You cannot stay beyond your I94 expiration date. Just cross the border before your VISA expires(Feb 5th 2015) and get a new I94 which expires in 2016

[rohit666]

Thanks Rahul and Jarichi,

 

Well, i just crossed the border ( went to mexico on vacation) and got in to this issue. 

 

Crossing the border wont be sufficient right ? I need to go for H1b Visa stamping may be in canada to get a new i-94 with validity until my new I797 which is untill Nov 2016 right?

 

Please suggest.

[rohit666]

Did you ask the immigration officer why he did not extend your new i94 till 22-Nov-2016?

I noticed it only after coming home as I-94 is digital now.

 

Have you tried approaching local CBP office on the same for getting it corrected?

I did not approach them yet. Im about to consult an attorney.

 

I'm in similar situation and was advised by CBP officer to cross the border and come back as my i94 is valid till 11-nov-2014 and my latest i797 has valid status till 15-may-2014

 

Crossing the border wont be helping i guess. You will need to go for visa stamping. As crossing the border will not give an extended I-94 as you  will still have old visa.  Senior members please suggest.

[rahul412]

Crossing the border will help.

You need to request the officer by showing your 797 expiration date.

[jairichi]

Thanks Rahul and Jarichi,

 

Well, i just crossed the border ( went to mexico on vacation) and got in to this issue. 

 

Crossing the border wont be sufficient right ? I need to go for H1b Visa stamping may be in canada to get a new i-94 with validity until my new I797 which is untill Nov 2016 right?

 

Please suggest.

Just crossing the border and entering will not help you as immigration officer will assume that you are using AVR facility. You need to show your new/extended I797 and ask for a new I94.

[rohit666]

I think i missing something here....

 

Rahul  and jarichi can you help me understand.

 

My current visa with previous employer is expiring on Feb 5 ,2015

My new employer I-797 with I-94 is valid until Nov 22,2016

 

1.The New I-94 which i got recently a month ago when i entered USA from mexico  has an end date of Feb 5,2015. So this is a mistake by the immigration officer?

 

2.As per above latest I-94 i'm allowed to stay/work in USA until Feb 5,2015 but if i cross the USA  (go to canada) and re-enter i need to request Immigration officer to check the latest I-797 and ask him to give new I-94 with an admit until date as per I-797 which is Nov 22,2016?

 

3.what if the immigration officer says no i can only give I-94 end date until the visa expiry date in your passport ( which is Feb 5,2015)?

 

4. Do i need to go to visa again and re-enter USA to get new I-94 ( hopefully this time i dont need to check with the immigration officer). I should be getting I-94 with an end date of Nov 22,2016.

 

I did not know this would get so complicated.

 

Thanks

Rohit

[jairichi]

I think i missing something here....

 

Rahul  and jarichi can you help me understand.

 

My current visa with previous employer is expiring on Feb 5 ,2015

My new employer I-797 with I-94 is valid until Nov 22,2016

 

1.The New I-94 which i got recently a month ago when i entered USA from mexico  has an end date of Feb 5,2015. So this is a mistake by the immigration officer?

 

2.As per above latest I-94 i'm allowed to stay/work in USA until Feb 5,2015 but if i cross the USA  (go to canada) and re-enter i need to request Immigration officer to check the latest I-797 and ask him to give new I-94 with an admit until date as per I-797 which is Nov 22,2016?

 

3.what if the immigration officer says no i can only give I-94 end date until the visa expiry date in your passport ( which is Feb 5,2015)?

 

4. Do i need to go to visa again and re-enter USA to get new I-94 ( hopefully this time i dont need to check with the immigration officer). I should be getting I-94 with an end date of Nov 22,2016.

 

I did not know this would get so complicated.

 

Thanks

Rohit

Point 2 is the way to do. Before you think of crossing the border check with your local CBP office to see whether it can be done within US.

[rahul412]

1. May be

2. Yes, that's correct.

3. Generally they won't behave like that

4. In your case its not req, but ask your employer.

[rohit666]

bluebeamer999,

So did you go out of US or planning to go and re-enter USA?

[rohit666]

Rahul and Jarichi,

Thanks for all the info you gave me. It really helped my situation.

 

I went to the local CBP office and was told that he will correct it.

[jairichi]

Rahul and Jarichi,

Thanks for all the info you gave me. It really helped my situation.

 

I went to the local CBP office and was told that he will correct it.

Good to know that things worked out for you. Thanks for the update.