I-94 expiring Valid I-797

[arunkumarcg]

Hi,

 

My I-94 is expiring on Sept 2015, but i have a valid I-797 until Feb 2016. I traveled to India in June 2015 and when i came back but at the immigration they gave an I-94 only until September 2015 (i did not show the new I-797).

 

1) Can i stay in US until I-797 expiry in Feb 2016? 

2) Do i have to notify USCIS and extend my I-94 validity until Feb 2016?

3) My dependents are travelling from India on September 1st. Can they get I-94 until Feb 2016?

 

Many thanks in advance, Please let me know.

 

Thanks,
Arun

[jairichi]

1. No.

2. You need to exit and enter US with a valid visa and I797 or employer files for extension.

3. Yes, if they show a copy of your new I797.

[pontevecchio]

1. No

2. Notify your employer and talk to the company Lawyer NOW.

3. Not under the circumstances.

 

Why did you not show the latest H1 petition approval? Everything hinges on that.

[arunkumarcg]

Thanks for the information. May be i am not making the question clear.

 

Since my first H1B visa and I-94 expires in September 2015 my employer filed for an extension in Feb 2015 and got it for one more year until Feb 2016 with a new I-797 and a new I-94 number on it. Here i am won't be out of status after September 2015 correct? Because i have a valid I-797 and a valid I-94 on it until Feb 2016. Only thing my earlier Visa and I-94 will expire on September and also the USCIS portal will show the I-94 validity until September 2015. My dependents had their visa stamped until Feb 2016 when they went to India this summer can't legally enter with my new I-797?

 

I have fixed an appointment with the immigration office at USCIS. Will they be able to change the I-94 based on the new I-797? Any idea on this?

 

Arun

[pontevecchio]

Since you travelled after the extension to 2016 was granted and since you showed the old petition, there is a problem. You can make an appointment with the CBP and say there was a mistake and they used the previous petition by error for your I94 and would they please correct it?

 

You still have not mentioned why you showed the older petition and not the extension petition.

[gear9]

Hi @arunkumarcg, what did you end up doing? I am in a similar situation