I94 at port of entry as per visa on passport instead of dates from new i797 approval


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Before traveling to India last month, I have two H1b i797 approvals. Current i797 valid until feb 2019. My new i797 approval is valid until Feb 2022.

I recently traveled to India in December 2018 and had visa stamping in India. I got visa stamping based on my current valid i797 (as per my attorney's suggestion, since I was planning to return to US on December 2018 and if I get visa based on new extended approval, entry might be difficult since my visa validity of new approval will not start until feb2019) and visa on passport is valid until feb 2019. When I entered US, CBP officer stamped I94 based on my current visa on passport (which is feb 2019). When I told that I have approved extension, he considered only visa on passport.

Currently in this case as long as I do not go outside US, should I have i94 updated or is it fine with out any action?

If I have to update my I94, is there a way to get it done with out traveling outside US?

Please help me asap in this. Thanks in advance.

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25 minutes ago, GSurya said:

Thanks for quick reply. I think I can travel to Mexico with valid H1b visa and on return get the I94 updated based on my new i797 approval. Can you confirm?

Nobody can confirm anything here. It may or may not work. Remember that you already tried this while coming back to US and POE officer issued you a i94 based on visa validity dates. The best path is to file an extension again  😞 . Second best path is to visit mexico/canada/home country and get a visa based on new petition and POE will issue you i94 matching visa to say the least. 

You know why POE officer didn't take your request to use new h1b ? Because you yourself used an old petition for getting a visa. POE officer might have assumed that the new petition is not valid. So why you think it will work again ? I doubt it. 


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21 hours ago, GSurya said:

Hi All,

Thanks everyone on the advices. I submitted all the documents to CBP San Francisco online and they fixed my I94 validity date.  My issue is resolved now.



Hi...Can you please share how you submitted your case at CBP SFO?? Did you go and meet in person.

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18 hours ago, GSurya said:

Hi Pinky, Do you last enter US via SFO port, if yes then follow below instructions as attached:



Yes. My port of entry was in SFO last time but I dont think mine is a correction. Since office gave validity until my passport expiry and now I have a new passport. Can I still try in my case?

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