what options do I have to renew my I94 expiry date

[Ramesh888]

By the time I booked my H1B visa slot, I did not get my renewed H1B copy and so I booked it based on my current H1B (which expires in 4 Months). Later, I received my renewed H1B which has an approval for 3 more years. I went for stamping and my visa got approved. As suspected, I only got the H1B validity for 4 months instead of 3 years and 4 months. Even at the port of entry officer gave me 4 months validity on my I-94 as both visa officer and immigration officer did not ask me for any documentation for new I 797 and even I too did not show them at the visa interview and at port of entry.

 

As given by visa officer, when checked online, my I 94 is expiring in 4 months. At this point, what options do I have now to correct the expiration date on my I-94 to reflect the renewed H1B expiration date which is 3 years and 4 months from now ?

 

1.       Should I take an appointment at nearest U.S. customs and Border protection office and renew it there? Is that even an option?

2.       Should I cross the border and reenter by showing the new I-797 to the officer? That way the validity of my I-94 changes to what’s on my renewed I 797? Am I understanding this right?

3.       I know I can go for visa stamping again outside of USA and get my H1B visa stamp based on my new H1B expiration date?  

 

Thanks in Advance

Ramesh

Edited July 16, 2019 by Ramesh888
making minor corrections

[srinivas_258]

13 hours ago, Ramesh888 said:

By the time I booked my H1B visa slot, I did not get my renewed H1B copy and so I booked it based on my current H1B (which expires in 4 Months). Later, I received my renewed H1B which has an approval for 3 more years. I went for stamping and my visa got approved. As suspected, I only got the H1B validity for 4 months instead of 3 years and 4 months. Even at the port of entry officer gave me 4 months validity on my I-94 as both visa officer and immigration officer did not ask me for any documentation for new I 797 and even I too did not show them at the visa interview and at port of entry.

 

As given by visa officer, when checked online, my I 94 is expiring in 4 months. At this point, what options do I have now to correct the expiration date on my I-94 to reflect the renewed H1B expiration date which is 3 years and 4 months from now ?

 

1.       Should I take an appointment at nearest U.S. customs and Border protection office and renew it there? Is that even an option?

2.       Should I cross the border and reenter by showing the new I-797 to the officer? That way the validity of my I-94 changes to what’s on my renewed I 797? Am I understanding this right?

3.       I know I can go for visa stamping again outside of USA and get my H1B visa stamp based on my new H1B expiration date?  

 

Thanks in Advance

Ramesh

for 1 & 2 Q: Ans is No they can't give you I94 based on ur new  I797  read clearly and carefully in I797 it is mentioned 

3. yes this is the way you will get it ..... you should have submitted new I797 wheb you went for visa stamp, I don't know the in what situation you were .... so I say that was an unlucky trip .... hope my reply helps you. 

[Ramesh888]

Thanks srinivas_258

Even, I am kind of thinking that would be my only option. Just want to make sure I am not missing on any other option with out crossing the border.

Edited July 16, 2019 by Ramesh888

[pontevecchio]

Give the company lawyer a call before doing anything.

Why did you not show the latest approval while coming back? There must be a reason why.

[Ramesh888]

I sent an email to customs and Border patrol and below is the answer I got:
I have two options:

1. I can file an extension with USCIS for an extension of stay on an I-129 application

2. Leave US and re enter prior to the expiration of current I-94