H1B extension - I-797B without I-94


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I know there are lot of threads on this topic but I did not find anything similar to my case. Your input is appreciated.

It's a simple H1 extension. My visa expires on 4/22/2013 and I-94 expires on 5/2/2013 (the immigration officer gave an extra 10 days when I was returning from India vacation in Decemember 2012). The petition was filed around 2/14/2013. The petition was approved but extension of stay was not. They sent a I-797B without I-94 at the bottom. It also says I will receive a separate notice explaining the reason for this determination.

- No change of status

- No change of employer since 3 years; transferred to current employer in 4/2010 and got visa stamped during India visit in 12/2010.

- Not outside country

- Not out of status yet

- Completed 5 years in U.S.; got extension up to Sept 2014 (remaining 1 year plus out-of-US vacation days, i guess)

I don't understand why they gave me a I-797B and not I-797A. The only reason i can think of is something was missing in the documentation/filing process. I called USCIS and they filed an inquiry and said i'd get a response in 10-12 days.

Has anyone been in this situation recently? Can they just send 797Bs instead of As randomly?

Thanks in advance for your thoughts or comments.

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  • 2 weeks later...

Generally, in most cases, an extension of stay is denied if there is a violation of status or an error in the forms. It is not unheard of that an administrative error by USCIS could have been made, in which case USCIS will take care of it when they are notified of same. It may be helpful to discuss this matter with a qualified immigration attorney to discuss the matter in greater detail.

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Thanks for the reply. It does seem like an administrative error by USCIS. The H4 petition approval, which we received after a couple of days, did have the I-94 at the bottom. When my employer and I called USCIS and asked them about it, they opened a ticket.

Yesterday, I got status updates that they re-opened the case, re-approved it and re-mailed the I-797. Hoping to see the I-94 this time.

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  • 3 months later...

to hyderabadi400:


My husband have the same case with you.  He got I-797 B with No i-94 but our daughter has her 1-94 attached to i-797A  when they got their approval for extension of stay.  So  what happended to your case now?  Do you have your  I-94 now?  Thank you..hope to hear from you!

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