I-94 expired have valid visa and valid I-797


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Hello ,

  I was checking for my recent I-94 record in the system it says no I-94 record was found for the user. I had to renew the passport last year , my old passport expired march 2016, when I checked I-94 record with old passport no it says admit until march 2016 as per old passport validity, so what are my options to get the I-94 record for my new passport , I have valid visa until sept 2017 and valid I-797 until sept 2017, Please advice, appreciate your help

Thanks & Regards,

R kunnath

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Talk to immigration layer dont approach CBP.

As you have visa stamping so no need worry. May be you have to spend money from ur pocket but these kind of issues are solvable. 

How do you miss this logic After passport renewl you did not send new pass port details to USCIS or our the great indian embassy did not send some xx and yy renewed is passport here are details of him. And ur trying to find ur i 94 with new passport how stupid you are ! Hats of to you... 


Talk to murthy lawyer they have great experience in dealing like ur cases.. be happy spend some money now.... may be 5 to 6k. For your kind info ur now officialy out of status. But dont panic this issue can be solved by nonpro trunc rule so be happy. Good luck 

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Took consultation with senior lawyer from Murthy , and we are going with Murthy law firm,I have asked the same question to Deferred office, below is the response from them

"You can make a formal entry into the United States by Land, Sea, or Air.  That would give you a new I-94 or you can file an I 539 with USCIS.  If you depart the U.S. you could do it on the same day."

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Spoke with Murthy Attorney  and I was suggested to go out of the country and come back just like the CBP officer suggested, I went to Jamaica with family for 3 days and came back, we got new I-94. Lawyer has strongly suggested that Nunc Pro Tunc  is not needed for our case as we have I-94 valid which came along with the I-797, as long as any I-94 with us is valid we are not out of status.

Thanks & Regards


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  • 2 weeks later...

To rkunnath1985

which was your most recent issued I94-the one on the expired passport or the one on I797. I am in similar situation with expired I94 but valid I797 and have been told that the most recently issued I94 governs.

please reply as soon as possible.

thank you

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  • 2 weeks later...

I work for a public university as a faculty member and am currently on H-1 B visa.

My current H1B visa is valid till August  2017. The expiration date on the I-94 issued by USCIS on the current Form I-797A is also August 2017. However, the “Admit Until Date” on my passport printed by the immigration officer on my last entry into the U.S. is Feb. 26, 2017. The same date (Feb. 26, 2017) is shown on my I-94 that I accessed and printed online. I believe the “Admit until Date” printed on my passport reflected the expiry date of my then current passport on which visa was stamped.

I did get my passport renewed well before it expired and the new passport is valid till 2026.

Also, recently my university filed the H-1B extension petition (under premium processing) and obtained a new approval notice from USCIS to extend my H-1B status with the dates August  2017 to August  2020. However, the petition was filed a few weeks after Feb. 26, 2017.

My questions are:

1. Am I out of status? Do I need to take some action urgently?

2. What do I need to do to ensure that the “Admit Until Date” in the records of USCIS could be updated to the date of validity of my current H1B visa, i.e.  August 2017?

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There are two conflicting posts above:

According to rkunnath1985 above, "as long as any I-94 with us is valid we are not out of status."

According to Mngirl above,  "have been told that the most recently issued I94 governs."

I will really appreciate it if someone could please clarify as to who is correct.

Thanks in advance!

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