i94 date issue while entering USA with new i797

[sach123M]

While entering the USA I had an H1B visa with an expiry date of February 2024. I also showed the officer the original copy of my newly approved petition (i797A) which my employer had filed before I traveled outside and it had an i94 expiry date of February 2027. The officer issued a new i94 with the “Admit Until Date” as February 2024 and said that since my new I797A has a date from February 2024 to February 2027, it is not active as of today.

 When I contacted CBP again to help me get the Admit Until Date corrected to Feb 2027, they replied with this:

“Based on the new I-797 extension, you are allowed to derive extensions by use of an unexpired passport and the attached I-94 located on the bottom left corner of the newest I-797.  CBP will not extend the I-94 in the system because the newer I-797 is not technically valid until Feb 2024. Legally, you will not be out of status by using an unexpired passport and the I-94 on the bottom of the I-797 form.”

Does this mean that I can lawfully stay beyond Feb 2024 and I don’t need to file another extension just to get i94 dates fixed? Kindly provide me with your valuable input.

 

[sach123M]

Also, I forgot to mention, that my passport expires in August 2027, so the passport expiry was the not the issue here.

[pontevecchio]

Yes. They seem to be having 2 approaches. In your case, the new approval will kick in from the date of approval.

You are fine.

[sach123M]

Thank you for the reply.

[jay291981]

Hi , I am also almost in the same situation but I am about to travel . I am planning to travel and return on March 2024  and  my visa stamping is expiring on 31st April 2024.I have approved I797 extension till April 2027 .  I saw that in the forum it was mentioned as below

https://www.murthy.com/2017/06/01/present-the-latest-h1b-approval-notice-to-cbp/#:~:text=At the time of admission,port of entry (POE). 

Present Latest Approval Notice at POE

Any time an H1B worker enters the United States to work pursuant to an approved petition that differs from the one listed on the visa in the passport, the applicant for admission should present the latest I-797 approval notice to the officer at the POE. This is especially important when the expiration date on the latest I-797 does not match the expiration date mentioned on the visa. Otherwise, the CBP officer very probably will limit the individual’s stay to the expiration date listed in the visa.

 

So in your case I am confused why the CBP officer didn't update the  I94 based on what  is mentioned in I797 approval notice even after showing it to him

 

Edited January 29 by jay291981

[jay291981]

@sach123M Did you get any further updates/confirmation on this from your attorney or your employer ?

[sach123M]

My attorneys are suggesting not filing a new H1B based on the response I got from CBP.