I-94 Problem - Need help


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My wife is in the US on a H1B visa. She recently travelled to India on January 24th and did not return until February 25th. While she was away in India, her H1-B extension was approved(on January 31st). When she came back to the US(feb 25th), she didn’t present the copy of the new petition that was emailed to her by her lawfirm, to the customs and border protection(CBP) officer at the airport (as she didn’t realize she needed to). As a result the I-94 they issued was given until her visa validity date on her passport which is June 26th 2013. Upon her return when her lawfirm noticed the date on the I-94 issued, they urged her to rectify it to match the date on the new approval notice which is November 2015. But the CBP office refused to rectify it as they issued the I-94 based on what was shown to them at the time of entry(which was the visa date on the passport). She was advised to call USCIS office. The person she spoke to at USCIS advised her to use the I-94 that came with the I-797. But the lawyer advises that it would be safe for her to make a trip outside the US and present the approval notice to get a new I-94 that will reflect the date on the approval notice upon re-entry. Their point of contention being that the I-94 issued at the airport on Feb 24th is the most recent and supercedes the one that came with I-797 that was issued on January 31st. We are unsure if it is absolutely necessary to do this. I would really appreciate your thoughts on this issue(as to what you think would be best for us to do).


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