Gap in I-94 validity, help will be greatly appreciated!


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I will attempt to explain my case as briefly as possible:

1. Entered the US last on Nov 2010 on H1B visa expiring Sep 2011

2. I-94 stamped till July 2011 as passport was expiring

3. Applied for H1 extension on March 2010, got it on May 2010

4. New I797 and I-94 says validity Sept 2011 to July 2014.

Question: What about the gap period July 2011 to Sept 2011? Please let me know if I it is OK to stay in the US for this period.

Thanks a lot in advance.

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Hello Sameer,

I have consulted an attorney regarding this matter and his opinion is different from what you have posted in the original thread.

My attorney quoted the last action rule: Your latest I-94 takes precedence. As I have a new I-797 and I-94 now, it will take precedence. The question is what to do about the gap period.

Secondly, as per my info CBP office only corrects mistakes, they will not extend I-94 based on new I-797s. For that you need to go to an consulate and get the visa done first, isn't that true?

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  • 2 weeks later...

New I94 that comes with the approved H1B overwrites the old one. Worry not. I have had 2 H1B renewals so far. In both cases, my white I94 date had expired.

When I left the country, I handed over both I94s. No questions asked.

You will get new I94 when you re-enter (with the renewed visa based on your new H1B).

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