I-94 expired

[Venkata Teja]

Hi I have H1-b visa stamping with previous employee till 2023 sep and I-94 valid till 2023-Sep but I have valid I-797 with new employee till Aug/5/2024 and my employer is trying to apply my H1-b extension and told me to reach CBP to update I-94 expiry date but CBP is not accepting that because the I-94 is expired and  can I go to India and get stamped with new I-797 as this is already 5 months 20 days before 6months (Almost) and Can I take that risk or else is there any another way? 

With the valid I-797 my wife who is on H4 not EAD went to india and got stamped and I-94 is still valid upto Aug-05-2024.

Edited March 20 by Venkata Teja

[pontevecchio]

If your latest H1 approval has an I94 attached, then you are in status till August.

[newacct]

Was it an I-797A or I-797B? If your Extension of Stay was approved, you should have gotten an I-797A, which comes with a new paper I-94 as part of the page. In that case, you do already have a valid I-94 and you do not need to do anything else. You should not contact CBP since they only deal with I-94s from entry; your I-94 from Extension of Stay will never show up on CBP's I-94 website.