H1B visa with old 797 but the extension 797 just approved

[chy333]

Hi all,

 

After doing some research, I feel it is a question relevant to I-94.

 

Situation:

1. Old H1B expires 09/2015, so does I-94.

2. New H1B extension is filed already, 3-year extension, with the same company.

3. I have urgent reason back to India, and apply for H1B visa with the old 797.

4. I'm notified extension is approved now, I haven't come back to the U.S., will be soon.

 

Question:

1. If I come back, the CBP officer would stamp I-94 with expiration date 09/2015? True?

2. How about I present the new approved 797 to the CBP? I notice some folks did this, but the officer still gave old date.

3. If 1 is true, is it a problem? If I need update I-94 to 09/2018, without going out of the U.S., what shall I do?

 

Thanks!

 

 

[jairichi]

Show both I797s to immigration officer at POE. You might be lucky to get an I94 according to the extended I797.

If you do not want to leave US to get extended I94 then employer has to file a cap exempt H1B petition and pay H1B fee again. I doubt your employer will do this. 

[chy333]

Show both I797s to immigration officer at POE. You might be lucky to get an I94 according to the extended I797.

If you do not want to leave US to get extended I94 then employer has to file a cap exempt H1B petition and pay H1B fee again. I doubt your employer will do this. 

Thanks for the adivce, is it okay I just show the scan copy of the new one? I'm afraid it is too risky to ask the company to send me the original 797 form, could be delayed or lost.

[jairichi]

Thanks for the adivce, is it okay I just show the scan copy of the new one? I'm afraid it is too risky to ask the company to send me the original 797 form, could be delayed or lost.

Your employer can use FedEx, DHL or UPS where it can be tracked. Most consulates are ok with a copy of I797. But, based on my experience at POE I was always asked for original. Mine might not be the normal case.