I-94 extension

[kumar_vijay7]

Hi,

I had my H1 stamped from my old employer till Sep 2013 and I recently changed my job. I went to India on my old visa and did not go for stamping for new employer.

At the port of entry the CBP officer issued me I-94(online) only for the duration of my visa. I showed him my new I-797 but he said my employer has to apply to get new I-94.

Now I have my I-94 valid only till Sep 2013 but I have I-797 approved till Feb 2016. I requested my company's attorney to file for my I-94 extension using form I-129.

But they are saying that its a very big issue. There is nothing called I-94 extension and they have to file for whole new H1B extension and it involves significant cost in that.

Not sure what to do in this situation.

Please advice.

Thanks

[pontevecchio]

There is more to this story or an error was made. Call the CBP and get it corrected. Ask to speak to a supervisor politely if necessary and have it corrected.

[nineballs]

I think i539 should be good enough. $290 and the status can be extended.

[pontevecchio]

There is nothing called I-94 extension. IT is H1 status extension only possible by filing another H1 petition with its costs. I539 HAS NO CONNECTION to the H1 . Only the CBP can help and not well meant though misleading advice.

[kumar_vijay7]

Thanks Guys for your valuable advice. Ideally I should have gone for stamping for my new employer before entering USA again. I thought of avoiding it since I was on very short vacations and there were couple of things to take care. On top of that we all fell sick due to very hot summers since it was sudden change in weather.

These days in India stamping takes 2 to 3 days including finger prints and visa interview. Embassy is very far from my home as I live in Jalandhar, Punjab and nearest Embasy is Delhi Embassy which is 9 hours drive my home.

However I will try to contact CBP again and see if they can correct it for me.

Appreciate you guys help on this.

Thanks

[kumar_vijay7]

There is nothing called I-94 extension. IT is H1 status extension only possible by filing another H1 petition with its costs. I539 HAS NO CONNECTION to the H1 . Only the CBP can help and not well meant though misleading advice.

Hi Pontevecchio,

I just want to check with you that when I go to CBP and if they don't agree to extend the I-94 dates based on my I-797 petition then can I request them talk to my Company Attorney at that moment? Will CBP agree to talk to my Company Attorney? My Company Attroney is very experienced and they can explain the I-94 extension based on I-797 rules and regulations in better way.

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

Thanks

[pontevecchio]

1. You did not have to go for stamping for B. 2. Did you show them the latest H1 approval or did you show them the previous one by mistake or fright? 3. A lawyer is not needed. Use your charm. Be low key and polite and suggest an error was made as is the case.

[kumar_vijay7]

1. You did not have to go for stamping for B. 2. Did you show them the latest H1 approval or did you show them the previous one by mistake or fright? 3. A lawyer is not needed. Use your charm. Be low key and polite and suggest an error was made as is the case.

Thanks Pontevecchio for providing the valuable guidance to me. I have got my I-94 issue fixed at CBP Deferred Inspection site.

[pontevecchio]

Well Done.