GSurya Posted January 23, 2019 Report Share Posted January 23, 2019 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. Link to comment
adshah84 Posted January 23, 2019 Report Share Posted January 23, 2019 You will have to update your I94. Easiest way is go Canada or Mexico and while re entering ask them that wants to update your I94. If you don't want to leave country ask your employer to file new petition. Link to comment
GSurya Posted January 23, 2019 Author Report Share Posted January 23, 2019 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? Link to comment
xTDx Posted January 23, 2019 Report Share Posted January 23, 2019 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. Link to comment
gcapplicant321 Posted January 24, 2019 Report Share Posted January 24, 2019 Try taking an appointment in your local USCIS I-94 adjustment office and they should be able to help you with that if if it was a POE error. If not, then you may just have to get a new visa stamped. Check with your local I-94 office. They are generally very helpful with such cases. Link to comment
GSurya Posted January 29, 2019 Author Report Share Posted January 29, 2019 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. Thanks, Surya Link to comment
Pinky567 Posted January 30, 2019 Report Share Posted January 30, 2019 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. Thanks, Surya Hi...Can you please share how you submitted your case at CBP SFO?? Did you go and meet in person. Link to comment
GSurya Posted January 30, 2019 Author Report Share Posted January 30, 2019 Hi Pinky, Do you last enter US via SFO port, if yes then follow below instructions as attached: Link to comment
Pinky567 Posted January 31, 2019 Report Share Posted January 31, 2019 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? Link to comment
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