i94 expiring before i797

[rajanil]

Hi,

I have my h1b i-797 until August 2023, but when i traveled to india last year and returned I was give a i94 date of 4/7/23 which is my passport expiration date, i renewed my passport in the US, I'm planning to travel to india on 4/15/23, so when i return back will my i94 be automatically updated? Please advice. Thank you

[newacct]

The I-94 you got on your previous stay (from the I-797A petition approval) ended when you left the US. You were admitted with a new I-94 when you again, and they limited it to your passport expiration, as they were required to do. That is your only valid I-94. You must leave the US before the I-94 expiration date of 4/7/2023 or have an Extension of Stay or Change of Status filed before then. Leaving on 4/15/2023 is too late.

[pontevecchio]

Overstaying the I94 will have bad consequences. You have to leave before April,7 and on return you will get an I94 till petition expiry date.

You need to discuss the matter with your employer.

Do not leave after overstaying the I94.