Uregnt: H1B Amendment approved with reduced validity and I94 expiry.

[sanky28]

Hello, 

I got my H1b amendment approved recently a week back while I am travelling to India. The I797 validity and I94 expiry date came up with reduced time. Following are dates: 

Original H1B Approval, all previous amendments and I94 valid till: 2/12/2020

Visa stamped till: 2/12/2020

Most recent amendment valid till: 12/31/2018

Most recent I94 valid till: 1/10/2019

My questions are: 

1. Does it mean that visa is valid only till 12/31 or this validity is only for the amendment solely? Will I be out of status?

2. Since I am currently in India, do I have to travel back to US before 12/31 or 1/10?

3. Do I need to file for an extension and/or amendment? (I no longer need to work at the location for which the amendment is approved)

4. I don't currently have the original I797 with me since it was approved after I traveled out of country. I Just have the scanned copy. Do I need the original copy at port of entry in US?

5. Will the immigration officer at POE be able to see my most recent I94 record (which came with recent I797) and question me on the same?

 

As this is time critical matter for me, I'd really appreciate your inputs as soon possible. I am not able to get in touch with my employers immigration firm since the holiday season is going on and everyone is out of office. 

Thank you.!

 

[xTDx]

3 hours ago, sanky28 said:

Hello, 

I got my H1b amendment approved recently a week back while I am travelling to India. The I797 validity and I94 expiry date came up with reduced time. Following are dates: 

Original H1B Approval, all previous amendments and I94 valid till: 2/12/2020

Visa stamped till: 2/12/2020

Most recent amendment valid till: 12/31/2018

Most recent I94 valid till: 1/10/2019

My questions are: 

1. Does it mean that visa is valid only till 12/31 or this validity is only for the amendment solely? Will I be out of status?

2. Since I am currently in India, do I have to travel back to US before 12/31 or 1/10?

3. Do I need to file for an extension and/or amendment? (I no longer need to work at the location for which the amendment is approved)

4. I don't currently have the original I797 with me since it was approved after I traveled out of country. I Just have the scanned copy. Do I need the original copy at port of entry in US?

5. Will the immigration officer at POE be able to see my most recent I94 record (which came with recent I797) and question me on the same?

 

As this is time critical matter for me, I'd really appreciate your inputs as soon possible. I am not able to get in touch with my employers immigration firm since the holiday season is going on and everyone is out of office. 

Thank you.!

 

It all depends on if you still have your old job based on old lca/i797. If not, then your new amendment dates are the only valid dates and if you are not in USA, then you have no status right now. Which means you do not have any i94 active. 

You should consult and ask these questions to your employer and their attorneys. They are paid to do exactly this. They know more about your case then anyone of us here. They can guide you what is what and what is the best strategy in your case.