I-94 on extended petition question-which one is current

[jigs_r]

Hi,

My current VISA stamping and H1B petition is expiring on 12/26/2011. I am applying for extension in Premium Processing. Because I have to travel to India in Nov and coming back on 12/2/2011. When i will come back, at the POE, if the officer is inexperienced and he will give me I-94 till 12/26 even after showing new approved petition, then which I-94 will be valid? I assume that till 12/26, the I-94 i got at the POE will be valid and after that, the I-94 on the approved extended petition will be current. I just want to make sure that my assumption is correct. Also lawyer suggested that in this situation, i need to go thru deferred inspection process to correct I-94 expiry date at the local USCIS office.

I will really appreciate if any one of you can answer soon. Thanks for reading my post.

Thanks,

Jignesh.

[redgreenbluee]

please consult a lawyer.

no, your assumption is incorrect, whatever duration you got on your latest entry will be your I-94 expiration. you will need to surrender all of your I-94 (current and the one attached on H1 I-797 approval notice) when you leave the US. just be sure to double check and verify your I-94 when you enter the US, be sure to show the CBP your recent H1 extension approval, ask if you are given 12/26 and have it corrected on the spot if possible.

Originally posted by jigs_r:

Hi,

My current VISA stamping and H1B petition is expiring on 12/26/2011. I am applying for extension in Premium Processing. Because I have to travel to India in Nov and coming back on 12/2/2011. When i will come back, at the POE, if the officer is inexperienced and he will give me I-94 till 12/26 even after showing new approved petition, then which I-94 will be valid? I assume that till 12/26, the I-94 i got at the POE will be valid and after that, the I-94 on the approved extended petition will be current. I just want to make sure that my assumption is correct. Also lawyer suggested that in this situation, i need to go thru deferred inspection process to correct I-94 expiry date at the local USCIS office.

I will really appreciate if any one of you can answer soon. Thanks for reading my post.

Thanks,

Jignesh.

[gkh]

Your assumption is partially correct. Firstly, once approved the I-94 on the h1b extension approval petition will have the same number as the I-94 in your passport. So when you leave US in Nov, this I-94 number is invalid.

When you come back to US, depending on the officer, he will either revalidate the I-94 on your h1b approval notice, or you will get a new I-94 number and in either case the validity of which is determined by the officer at POE. Typically they will stamp the date equal to expiry of your h1b extension petition.

If in case the officer stamps the date of 12/26, then follow instructions that your lawyer has told you.