I-94 Question

[gautham_k]

I travelled to India and came back earlier this year (Feb 2, 2011). Current I-94 card has my Stamped Visa expiration date (i.e., July 31, 2011) instead of my current I-797 expiration date (i.e., Sept 2, 2011) .The POE officer mentioned that the Stamped Visa expiration date takes precedence over the I-797 expiration date.

I applied for a H1B extension after a few months (April 1, 2011). The extension was approved on May 12, 2011 . My attorney applied for the extension starting Sep 2, 2011 (as my current H1B petition/I-797 end date is Sep 2, 2011 so he requested for a extension from that date).

Since my current I-94 card expires on July 31, 2011 and my extension (with I-94) is approved from Sep 2, 2011, what will be my status in-between? So do I need to correct my current I-94 card to reflect my current petition/I-797 end date i.e. correct from July 31, 2011 to Sep 2, 2011? What is that I should do now? Please help.

Please post your experiences.

Summary:

Current I-94 Card expiry - July 31, 2011

Current I-797 validity - Mar 2, 2009 thru Sep 2, 2011

Extended I-797 (with attached I-94) validity - Sep 2, 2011 thru Sep 1, 2014

Current H1B visa stamping expiry – July 31, 2011

[SameerH1Bworker]

I-797 takes precedence always. I went to India & had the same stamped expiration date but I had new I-797 which is valid till 2013, so, I-94 is of 2013's date not stamped visa.

Your option is go to nearby CBP office(internation airport) & request them to correct it & you'll get new I-94.

[gautham_k]

Thanks for your response SameerH1Bworker. Going to a CBP and correcting the I-94 would have been the best option before applying for my extension. But now i have already applied for my extension and I have even received a I-797 approval with a I-94 attached (that has the SAME I-94 number as the one received at POE).

As far as I know the latest/current I-94 takes precendence and determines your status and stay. So the I-94 that came along with my recent I-797 extension approval takes precendence over the one that was issued at POE. My question is whether it's validity start immediately or it takes effect only at the start date of my I-797 extension approval.

To put it other way - as of today, what is my current I-94 expiry date - July 31, 2011 (based on I-94 received at POE) OR September 1, 2014 (based on my I-797 extension approval end date)?

[SameerH1Bworker]

As per my knowledge your current I-94 expires on July 2011 even though you've approved I-797 with start date of sep/oct.

So, still its better to go to CBP & correct current I-94.

[mynameizshila]

my I94 is expiring Aug 5,2011(I797 is valid till Jan 10,2012)i have tried twice at CBP office they said file I539 for extension but i have researched on that this form is for H4,L2,B1 extension not for H1B(I94).let me know if you find any solution..

[theAspirant7]

Same here. I called USCIS twice and got different answers both times. One person said i'd need to file i-102 (for loss or replacement of i-94), another asked me to go to CBP. I saw a few posts on the forums here and went to the LAX CBP. The officer said I'd need to fill out the i539 and go to USCIS.

I'm confused with USCIS and CBP bouncing me as a tennis ball!! Please help.

[a12b34xy]

Go to the CBP office and get it corrected.try a different aiport / different city if needed.

[sm1981]

theAspirant7 -

My situation - expiring I-94, Expired stamp, valid 797.

I live in Minneapolis and I went to the CBP here, they refused to do it and sent me to the USCIS. The USCIS told me to file a I-539. The immigration attorney pointed out that two of her other clients had the same issue as mine and they got it resolved at the Chicago CBP. I took my chances and went to Chicago and got it fixed this morning. I went to the CBP office on terminal 5 lower level at ohare. Don't go to the one on Clark st, they won't do it.

When you go there, don't talk too much and don't do too much explaining, just say that you need to get the I-94 fixed.

Originally posted by theAspirant7:

Same here. I called USCIS twice and got different answers both times. One person said i'd need to file i-102 (for loss or replacement of i-94), another asked me to go to CBP. I saw a few posts on the forums here and went to the LAX CBP. The officer said I'd need to fill out the i539 and go to USCIS.

I'm confused with USCIS and CBP bouncing me as a tennis ball!! Please help.

[theAspirant7]

Thanks for your responses, a12b34xy and sm1981. A lot of ppl have also suggested me to walk into the Mexican border and walk back to the US. Apparently, they issue a new i-94 on your way to the US. Living in Los Angeles, I'll either try the San Diego CBP or try this option.

Have you heard of any experiences about the Tijuana border? Any experiences about the San Diego CBP?

[ruthrenita]

@sm1981...did you take an appointment before you went to the Chicago CBP office?