Expired i94 and two 797 (Current and extension)


a12b34xy

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I had i-797 approval document from Dec 2nd 2007 to Dec 1st 2010 and visa stamping on the passport until Dec 1st 2010 .I also got an approved extension from Dec 2nd 2010 to Dec 1 2011.

I travelled to India in Oct 2010 and came back to the US on Nov 10th 2010. (did not do stamping)

At the Port of Entry, I showed my current 797 (the one valid until Dec 1st 2010).

The immigration officer gave me I-94 dated till Dec 10th 2010.(the extension was starting only from Dec 2 2010-2011)

1. So, should I have showed the other approval extension? (even though it was not yet active)

2. Should the officer have given me i-94 with new extension date?

3. Am I currently Out of status because my I-94 on the passport has expired?

4. Should i get my i-94 updated ?

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1. You should have shown both the old and new I-797s

2. if you had shown the 797 for the extension they would have given you one with the extended date.

3. Technically I think you are "out of status"

4. You should try contacting the CBP and get the I-94 corrected. You can try the nearest international airport.

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