Shortened I-94 at CBP deferred inspection site

[MahiK]

Hi,
Can some one please help me with the below issue. Am I considered as out of status.

I went to the CBP office in order to extend the I94 admit date which was given until 02-01-2026 earlier(i.e at the time of port of entry) which needs to be 02-01-2027 as per latest H1b approval. Since we travelled to India in december 2023 and returned on January 7th 2024 the officer today(i.e on 08th Feb 2024) said that they would honor old H1b approval end date which was until 02-01-2024. Even though we have the extension starting from 02-02-2024 to 02-01-2027 which was approved before leaving to India.Now the officer have changed the i94 admit date from 02-01-2026 to 02-01-2024 stating that the new one won’t be effective by the time we came from India. So initially when we returned from India at the port of entry the immigration officer told us that she is giving the admit date until 02-01-2026 as the system is not taking until 02-01-2027 and told us it wouldn't be a problem since we have the extension until 02-01-2027 which shows at the bottom of your H1b.

Also our visa stamp expiry date was 02/01/2024. (We travelled and came back before the expiration)

[pontevecchio]

It would seem from some lawyer answers on this site that there are 2 approaches by CBP, but in view of your approval from 022024 to 022027, you would seem to be fine.

[Attorney_24]

Your most recent I-94 which was subsequently corrected/shortened by CBP has the 02/01/2024 end date. As you have a H-1B approval for the period 02/02/2024 to 02/01/2027, you generally will be considered to be maintaining valid H-1B status. For questions on "last action rule" and for case specific advice kindly consult with an immigration attorney.