I-94 expires with passport & before I-797: Options?

[tejasm]

Hi folks, 

My I-94 expires on the date that my passport expires (01-Apr-19), while my I-797 is valid till Dec'19. 

My understanding was that I have two options: 

 

1. Go to CBP and have them file for an I-94 extension. I understand that this does not need a new passport. Can I do this while I have filed for a passport renewal (i.e. without a new passport)? How long does this take, and what happens if this is denied?

2. Wait for a new passport, travel internationally, and get an I-94 while returning to the US. I understand that this does not need a fresh visa stamping abroad. Is this correct?

Are there any other options I am missing? 

Finally, is it legal to work when the I-94 has expired, but the I-797 is valid? 

Thanks in advance!

 

[pontevecchio]

1. The CBP will not correct this since there is no error involved. An I94 extension can only be obtained by filing a H1 extension petition by the employer.

2. When does your curent visa stamp in your passport expire?. If you have a valid H1 visa, you can return with a new passport and you will get a new I94 till December.

[tejasm]

Thanks, Pontevecchio!

I'm not sure what  "current visa stamp" refers to, so have key dates shown below:  

1. The printed expiration date on my visa (in my passport) is Dec'19

2. The I-797 document also has an expiration date of Dec'19

3. The stamping by the customs and borders personnel at the port of entry in the US is 01-Apr-19

4. The online I-94 has validity till 01-Apr-19

I'm getting conflicting advice about whether is it legal to work when the I-94 has expired, but the I-797 is valid. What is your understanding?

 

 

[pontevecchio]

Since you only have one H1 Visa stamp which expires in December, that would be the one you can use to return back from travel .

You cannot work without a valid I94 as the I94 confers legal status.

Inform HR and they may consult the lawyer and tell you what they want you to do. Many have gone to the Tijuana Border with Mexico near San Diego and got a new I94. 

[shekar11#]

On 2/25/2019 at 4:57 PM, tejasm said:

Thanks, Pontevecchio!

I'm not sure what  "current visa stamp" refers to, so have key dates shown below:  

1. The printed expiration date on my visa (in my passport) is Dec'19

2. The I-797 document also has an expiration date of Dec'19

3. The stamping by the customs and borders personnel at the port of entry in the US is 01-Apr-19

4. The online I-94 has validity till 01-Apr-19

I'm getting conflicting advice about whether is it legal to work when the I-94 has expired, but the I-797 is valid. What is your understanding?

 

 

You cannot work after April 2019. Also you cannot stay without getting your I-94 renewed.

[rohit369]

I am not sure what you were doing all this while. You should have been a little ahead in the game here.

1. Apply for the new passport at the nearest Indian consulate.
2. Go to the nearest border town (Tijuana if you are in CA), get a new I-94 and reenter. The process here will take around 2-4hrs...its usually the queue which consumes a lot of time.

You dont need a fresh visa. You will get the I-94 until your visa expiry date. You will get a new passport in 1-2 weeks if all your paperwork is correct.

[ss19]

Hi there, what was the final process you followed, OP?

I am in the exact same situation and my lawyer will apply for extension before I 94 expires. My visa expires in Feb 2020 and passport and I94 expires in Sept 2019. My lawyer says to apply for H1 extension (premium not needed) now in July 2019. But this will more than 180 days before Visa expiry. Do you know if this can cause issues? (Even though it is just 45 days before I94 expiry. Is the 180 days before I94 expiry or Visa expiry?)