I-94 issued with old company's I-797

[bmedapati]

Hi,

This is my first post in this forum. Thanks in advance for the upcoming responses.

My wife was working for company A on H1-B. She had a valid Visa Stamping, I-797 and I-94. While she was staying in USA she moved to other company B. She had her H1-B transferred successfully after a query. Then she got her new I-797 with I-94. Recently we went to India and she did not go for Visa Stamping for Company B as she has more than 6 months of valid time on Company A's visa stamp. At port of entry, officer issued a new I-94 with Company A's I-797's expiry date which is going to be expired by Sept-2013 and he mentioned that he can not give I-94 expiry date till new Company I-797.

I have 2 questions here:

1) Without going out of country or without getting new Visa stamping, is there any possibility to extend I-94 date till Company B's expiry date which is May-2015 ?

2) After the re-entry into USA, she is working for company B normally and getting paid. Do we need to take any action regarding I-94 now as it seems like it has been issued for old Company A ?

Please help me with your answers.

[pontevecchio]

wHEN DOES HER PASSPORT EXPIRE? It is extremely unlikely that the I94 date was given the way you describe it.

[bmedapati]

Her passport expires in may/2016 (which is more than old and new i797 expiry dates). At port of entry officer clearly mentioned that he can not give I-94 with new company's I797 expiry date.

[pontevecchio]

Sorry, I do not buy it. The only way this could happen was if she showed the officer the old petition and not the new opne for whatever reason. Talk to a Lawyer.

[binoca82]

Did you check the back of I94? The officer may have written the petition# and/or the employer name.

[ramkrish81]

I am also on the same situation, i have new petition from new employer till June 2014, but the port of entry officer gave me i-94 date till the old company visa i.e Aug 2013.

I heard that if you change the project then you can file the amendement then you will get updated i-94 with that amendment. But the current client whom I work for does not provide the client letter, So i am afraid of what to do...

Please reply with your suggestions.

Thanks in advance..

[binoca82]

If the I94 was issued for the new petition, you are good. Just need to apply for the extension of stay before it expires.

[Attorney_25]

If CBP made an error, they can correct their error. In the situations above, assuming the passport valid past the validity of the new petition, it sounds like errors were made. These errors are made by CBP all the time and are corrected all the time. Please consultation with a qualified attorney if you need assistance.

[bmedapati]

I am happy to write that our issue got resolved. Thanks for the forum members who ever responded. I am writing my experience as it might be useful for others.

• As we were not having required date in i94, we need to get corrected it through CBP office.
  
• I called my local CBP office and asked whether they can correct it as per new i797, customer representative suggested me to take a infoPass appointment in USCIS website with appointment type as 'information needed' http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf
  
• We took Info Pass appointment in USCIS website.
  
• Attended on time
  
• At USCIS they simply gave a receipt by directing us to CBP (which is in the same office but in different floor)
  
• We went to the mentioned room, CBP officer looked at I94, I797 and receipt that we got just before.
  
• He did not ask anything
  
• After some time he just returned passport with new i94 with valid extended date (I797 expiry date)
  
• We are happy and return back home:)
  
• (Check if the name, date and other details are fine or not there itself.)
  

Hope this helps.