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I94 expired 40 days but have valid H1b visa and stamping

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My I94 expired 40 days back I have valid H1 b visa and stamping till October 2016 I spoke my attorney he gave two opitions

1) apply for new amendment

2) go to Mexico and get new I94

Which is better in both opitions and what all documents do I need to carry while crossing border and coming in?

Please suggest

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How did your I94 expire before the Visa stamp date? if this is a mistake by the CBP officer at the port of entry on your last entry to US, you can go to the nearest deferred inspection site and get it corrected.

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My visa stamping on my old passport is till 09/2016 My passport expired on 04/11/2015. I got a new passport.

But I went out of country with my old passport on 04/01/2014 at that time they gave me I94 till 04/11/2015 as my passport is getting expired. I renewed my Passport but forgot to renew I94.

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