H1b visa and I797 valid, I-94 expired

[quest2010]

Here is the situation:

While entering US in Oct 2011:

I had valid I-797 and valid visa expiring in 2014.

My passport was expiring in Nov 2012. Therefore I got I-94 with validity only till Nov 2012 ( due to expiring passport).

Now I got new passport and spoke with company lawyer. They have applied for my H1 extension of stay already.

Questions:

1. Why was H1B extension of stay applied? Can't they not just apply for new I-94?

2. Did I have any other option to get new I-94, like going to local USCIS office and getting my I-94 corrected? Should I do that now?

3. I do not understand why the lawyers applied for new H1B extension of stay. I felt that getting a new I-94 must be a simpler process but I did not ask too many questions with the lawyer at that time.

Thanks for help.

[wiweq]

Why was H1B extension of stay applied? Can't they not just apply for new I-94?

=> There is no way to get new I94 other than filing COS/ Extension of stay or re-entering in USA.

[pontevecchio]

Thank your lucky stars that you have a credible employer who is actively helping you out.

[quest2010]

Why was H1B extension of stay applied? Can't they not just apply for new I-94?

=> There is no way to get new I94 other than filing COS/ Extension of stay or re-entering in USA.

But wait, I was reading similar cases on the forums and people mentioned that a person can get a new I-94 by visiting the local CBP office. Can't they??

[wiweq]

"But wait, I was reading similar cases on the forums and people mentioned that a person can get a new I-94 by visiting the local CBP office. Can't they??"

=> CBP people will entertain you only if you got wrong I94 at POE. In all other cases, I539 is the answer.

[vinodhts]

You can cross near by Canada border and re-enter to get new I 94.Do Submit the old I-94 to border officers while crossing into canada( You will give to Canadian Border officers) .So while u return US officers will issue new I-94 .Keep your supporting documents.Mostly there wont be a issue.But make sure you Exit before your I-94 expires.