H1B Visa and I-94 question

[andyvisaq]

Hello,

I have a H1B visa stamping on my passport that is valid till May 2012, but last time when I entered US, I was given a shorter duration on my I-94 due to my passport expiring earlier. I later got my passport renewed and extended my I-94 by extending my H1B till 2014. So I presently have two I-797, older one that goes till May 2012 and the new one going till 2014 and visa stamping on my passport is valid till May 2012 as well. I plan to go to India in Dec and come back in January with my exisitng visa stamping. I'm told that I can do that and I can show both of my I-797 at the port of entry. Does anybody know what duration I will get on my I-94 on my entry?

Please let me know if I can do the above without any problem.

I'd appreciate all of your help on this.

Thanks.

[Saifesta]

You need to give them the New Extended petition so that you get I94 with that date. This way you would not have to go I94 extension.

Have just got back using an existing old stamping valid till Sep 2012 and a new Petition valid till July 2014. Got my I94 till July 2014 wuith new Petition.

[andyvisaq]

Thanks for the quick response.

Did they question you why you didn't get your visa stamped this time? If so, what do we say? Like you said, jopefully they give me I-94 based on new I-797, but suppose if they don't what are my actions after that? Do I have to go out and get a stamping before May 2012?

Again, Thanks for your help. Much appreciated.

[livliv]

Keep the old petition approval notice safely in a file. Staple all the I-94's together. Submit those to the airline when you leave the US.

On returning, show them your latest approval notice and the Visa and they will give you a new I-94 corresponding to the new approval notice.

[sivad]

As far as I understand, one should never had 2 I-94s so the latest one is the valid one...pls check with some attorney before making any decision....

[Saifesta]

There were no questions asked. The Immigration officer took my passport and New I797 and asked me to wait in the office. He cameback within 10mins with the documents and I94 having date from new petition.

[andyvisaq]

Thanks everyone.