Urgent: I-94 Date Renewal

[Pat1965]

Hi

I've my H1-B valid visa till September 2015. I had applied for my petition in May 2015. I (my attorney) received my I-797 approval order while I was out in India with my family for vacation. I personally received the order after I came back in US. My attorney said since the immigration department issued the order while I was out of the US I need to go out of the county, either Canada or Mexico, and while returning back need to show my valid visa on valid passport and the new I-797 approval notice and get the new I-94 date based on new H1-B approval which'd be Sep 2018 and then only I can continue with my current employment.

I did the same but the immigration officer on duty and even the director of port of immigration told me that I they cannot give me the Sep 2018 I-94 date since the order itself starts from Sep 2015. And it is legal to stay in the country after the current I-94 expiration date, based on the I-94 attached to the new I-797 (i.e..Sep 2018)

Can anybody help me with this matter since I have very few days left with me. Thanks

 

[jairichi]

Exit and enter US with a valid H1B visa and new I797 just before your current I94 expiry.

[pontevecchio]

Was it an extension or COS situation?

[Pat1965]

Exit and enter US with a valid H1B visa and new I797 just before your current I94 expiry.

Thanks

I did the same before expiration of my current I-94. The immigration officer on duty and his supervisor, both told me it was not required. My new I-797 and the I-94 attached to it,  will get automatically activated on the start date. I went to "Deferred Inspection site" for further inquiry. The officer there repeated the same answer. 

[Pat1965]

Was it an extension or COS situation?

It was an extension.