Question on I-94 validity

[Gaurav K]

In May this year I travelled to India and went for my H1B visa stamping. I was carrying two H1B I-797, both have the same petitioner on them, first one was my current I-797 that is valid till 09/27/2023 and the second one will be valid starting from the same date. The US consulate gave me the H1B stamp based on the current I-797 that is going to expire soon. Also during my POE in SFO the immigration officer issued the I-94 that has validity based off the current I-797 that is again till 09/27/2023. 

My question is the I-94 printed on the new I-797 still valid? Or do I need to get it reissued from the USCIS? I doubted that USCIS might have cancelled the I-94 on the new I-797 during my POE. Any advice or suggestions will be appreciated!! Thanks in advance. 

[Attorney_14]

Under the last action rule, for an individual with an approved I-797 that is valid until a certain date, who then enters the U.S. and receives an I-94 that is earlier than the date on the I-797, their status is then governed by the I-94 that was issued at the point of entry. This is because this is the most recent action taken by immigration. 

If an individual presented the proper paperwork and the CBP officer issued an I-94 in error, and individual can try contacting CBP or visiting a CBP deferred inspection site.

However, if the wrong documents were presented, an individual should leave the U.S. and re-enter in order to be issued a new and correct I-94 card.

To receive information specific to your case, please contact our office to schedule a consult with one of our attorneys.

[Gaurav K]

Thanks for your reply. One follow-up question this one. Can re-applying for H1B fix this issue? I am avoiding to travel outside of USA because my AP is under renewal.