I-94 situation when Traveling on old valid stamp and new approved I-797

[Zahoor]

Hello,

I have H1b visa stamp valid till Nov 2 2017 and I-94 till the same date (Nov 2 2017). 

I also have approved I-797  valid till Nov 2 2020 and I-94 till the same date (Nov 2 2020). 

Visa stamp and current H1 b extension approval is with the same employer.

I would like to travel to India in mid Sep 2017 and return 1st I Oct, using existing visa stamp.

Since this is travel after pre-approved extension and with the old valid visa stamp , I seek advise on,

1. At the port of entry, is there a possibility to use the new h1b approval before its start date and get I-94 till Nov 2020 rather than the visa stamp valid date (Nov 2017)?

2. If at POE, the officer denies to give I-94 till Nov 2020 and gives only till Nov 2, 2017, what are my options to extend I-94 beyond Nov 2017?

3. What is the time-limit/deadline to get the I-94 extended/fixed as the current I-94 will lapse in less than 30 days.

4. Going to mexico border with new I-797 valid until Nov 2020, would help get I-94 extension till Nov 2020?

5. Or is there any specific form that I shall complete and submit to INS?

6. Or, do I have to repeat an new H1 extension application altogether?

[pontevecchio]

On your return you will show the Officer ONLY the latest H1 petition valid till November, 2020. The I94 you get will be till November, 2020.  Keep all other H1 petitions in your checked bag.The POE Officer is BOUND by US LAWQ and cannot arbitrarily give you a date. Visa expiry date is IMMATERIAL. The H1 petition date is material. Ask him the expiry date of the I94 with a smile and eye contact. He will tell you. If he makes an error ASK to speak to a supervisor. You are getting too worried about a routine return.

[shekar11#]

On 8/22/2017 at 1:27 PM, Zahoor said:

Hello,

I have H1b visa stamp valid till Nov 2 2017 and I-94 till the same date (Nov 2 2017). 

I also have approved I-797  valid till Nov 2 2020 and I-94 till the same date (Nov 2 2020). 

Visa stamp and current H1 b extension approval is with the same employer.

I would like to travel to India in mid Sep 2017 and return 1st I Oct, using existing visa stamp.

Since this is travel after pre-approved extension and with the old valid visa stamp , I seek advise on,

1. At the port of entry, is there a possibility to use the new h1b approval before its start date and get I-94 till Nov 2020 rather than the visa stamp valid date (Nov 2017)?

2. If at POE, the officer denies to give I-94 till Nov 2020 and gives only till Nov 2, 2017, what are my options to extend I-94 beyond Nov 2017?

3. What is the time-limit/deadline to get the I-94 extended/fixed as the current I-94 will lapse in less than 30 days.

4. Going to mexico border with new I-797 valid until Nov 2020, would help get I-94 extension till Nov 2020?

5. Or is there any specific form that I shall complete and submit to INS?

6. Or, do I have to repeat an new H1 extension application altogether?

1. You need to use the new petition.

2. He should not deny.

3. Before I-94 expiry.

4. Yes.

5. No form.

6. Up to you. That is also an option.