entered US with old valid visa, has new I797

[venkat1978]

I am on H1B status since September 2011. Recently I have visited India and I have a question regarding I94.

a. I have my H1B visa valid till October 20th, 2013 from Employer A.
b. After serving for some time for Employer A, I have switched to Employer B and My Transfer petition (I797 B) was approved in April of 2012 and also term got extended till March of 2015.
C. Since then i am working for Employer B.

D. Recently i.e May 2013, I visited my home country (India) for my marriage and came back to US with my Old Visa.

e. At the port of entry, I have presented my passport and boarding pass as asked by the agent and i was allowed in with out any further questions .

 

Later I noticed that the agent has written the expiry date of my visa on the immigration stamp and when I retrieved my I94 online it says i am admitted till 30th of October. However, I do have valid papers till March of 2015 and that I797 B has an I94 on it.

 

Do I have to do any thing to get my most recent I94 date corrected? Please advise.

Regards,
Kiran. V

[kumar_vijay7]

Kiran,

 

As you visited your home country after you got new I-797 so you should have submitted the I-94 card attached with new I-797 and one on passport at airport while leaving.

If you carefully see your I-797 petition then it says, "Please tear this I-94 and attach to your passport if applicable". So ideally you should submit all your I-94s at Airport while leaving.

I am not sure but there is a way to submit your I-94 to USCIS by mailing them. You need to check on that.

 

For the expiry date of your new I-94(online), you shoud get expiry date matching your new I-797. You need to visit nearby CBP Deferred Inspection office and request them to correct it for you.

 

 

 

This is my opinion not a legal advice.

[pontevecchio]

Get it corrected at the CBP. Inform your employer. What Airport?

[pontevecchio]

Maybe the admin will deign to let us know if this has become a problem in the recent past...Officers with no clue as to how I94'S should be issued. ? This is an ongoing problem.

[catchgul]

Maybe the admin will deign to let us know if this has become a problem in the recent past...Officers with no clue as to how I94'S should be issued. ? This is an ongoing problem.

Hi Pontevecchio

 

I faced a similar problem this weekend at the San Ysidro border. The officers there did not seem to be very well aware of the laws. This is very unfortunate coz its their job and aren't we all expected to know about our own jobs.

I have posted my experience at http://forum.murthy.com/index.php?/topic/60815-new-i-94-not-issued-at-tijuanamexico-border/

 

You comments will be appreciated.