Valid stamping and i-797 but I-94 expired

[s0u86nd1]

My I-94 expired on 11th august 2023. But i have valid i-797 and visa stamping till March 2025. 

  I recently renewed by passport which is expired on same day i-94 expired. My new passport started on 9th October 2023.

  I am out of USA from Dec 4rth 2023. 

How many days i can stay in USA after my i-94 expired on H1B? Does it cause any issue when I reenter usa?

[pontevecchio]

Overstays of more than 6 months mean a 3-year ban. In your case, there should not be any problem.

[newacct]

When you say your I-94 expired, do you mean the I-94 you got on your most recent entry?

Is your I-797 an "I-797A", which means it came with an Extension of Stay or Change of Status approval? If so, it would have come with a new paper I-94. Did this EOS/COS approval happen before or after your most recent entry?

If the EOS/COS approval was during your last stay, before your most recent entry, then the status that was extended/changed ended when you left the US, and the I-94 you were granted upon entry is your most recent I-94. You cannot stay in the US for any time after your I-94 expired, if you do not have a pending EOS/COS filed before your status ended. If this is your case, you started accruing "unlawful presence" when your I-94 expired, and you should leave the US before accruing 180 days of unlawful presence to avoid a ban. Your visa was also voided by INA 222(g), so you need to get a new H1b visa, and you can only get US visas in your country of nationality, not in any other country, from now on.

On the other hand, if the EOS/COS approval was during your current stay, after your most recent entry, then the I-94 that came with it superseded the I-94 you got at entry, and it is this paper I-94 that you got with the EOS/COS approval that governs your status now. If it has not expired, then your I-94 has not expired.