I-94 with old employer visa expiry date but have new I-797 petition(changed job)


kumar_vijay7

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Hi,

I have H1B visa stamped from old employer till Sep 2013. I had changed job and in May 2013 I went to India and entered back on old employer H1B visa.

The immigration office at port of entry put the old employer visa expiry date as the expiry date on I-94. I requested the officer that I have new I-797 petition so I should get I-94 with new I-797 expiry date. But office insisted that they can issue I-94 only on the basis of Visa expiry date. If I want to get the I-94 date corrected then I should go to USCIS office. I went to local USCIS office they gave me I-102 form and asked me to complete this and send it to USCIS office.

I am not sure whether I am doing the right things to get my I-94 expiry date corrected or not.

Please suggest on this. I will really appreciate your help on this.

Thanks,

Vijay

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Thanks for your valuable advice. I went to CBP office near to my home and explained them my situation.

They told me that they are correct. They can issue I-94 only on the basis of visa expiry date in passport.

They said my Employer should apply to USICS to extend my stay in US.

Thanks,

Vijay

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  • 2 weeks later...

Hi Vijay, Can you be little more specific in terms of the discussion you'hd with CBP.

[Thanks for your valuable advice. I went to CBP office near to my home and explained them my situation.

They told me that they are correct. They can issue I-94 only on the basis of visa expiry date in passport.

They said my Employer should apply to USICS to extend my stay in US.]

Q1. Did the CPB officer to incorporate the new date based on you're esting I-797.

Q2. What action they advised you to suggest to you're employer?. Also what measures you're employer is going to take.

ALso are the does CBP sticks with the Visa Expiration date on the passport or the Validation I797.

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In that worst case, just simply cross the border and get new 94 before your visa is expired.

Hi rahul, How is it different from making a port of entry while travelling back from india. How will travelling to canda make a difference. Can you please highlight. Thank you

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  • 3 weeks later...
  • 2 weeks later...

Hi Vijay,

 

how did the CBP fixed it? i had the same issue and went to CBP office. The officer told me that it is not a mistake on their side and they dont correct it. get it fixed from USCIS.

 

thanks,

Hi,

 

Did you get this fixed? Can you please shed some light as to how you fixed this?

 

Thanks!

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