Which I-94 takes precedence?

[shankarv1983]

Hi All,

I have been pouring thru questions around I-94 over the last 2 days and to be honest I am bit confused and I am hoping someone can answer my question clearly.

 

Here's my situation.

 

I would like to know which I-94 expiration date takes precedence. The i94 expiration date on the latest I797 or the i94 expiration date on the CBP website which was entered when I entered US after a family visit to India back in Dec 2013.

 

Here's some background.

 

1) I worked for Company A from Feb 2009 thru 04/30/2014 in Tucson, Arizona. My H1-B petition was filed back in 2009 and then renewed again in 2011. 

 

2) I visited my family in India back in November 2013 and entered US on 12/14/2013. The CBP officer issued an electronic I-94 with an expiration date of 06/04/2014. This was based on the Company A I797 that I presented to the officer at that time. Also, please note that I have an approved I-140 from Company A when I was working for them in the Tucson office.

 

3) I moved to California on 05/01/2014 and started working for the same company A and my attorney filed a new H1B petition since I moved locations (Tucson --> San Jose). I was issued a new I-94 expiration date as part of the new I797. The I-94 expiration date was 05/25/2017. I worked for company A in the California office from 05/01/2014 - 07/01/2014. 

 

4) Then I got a new job and started working with Company B on 07/02/2014. A new I-94 expiration date as issued as part of the new I797 since I changed employers. The expiration date was set to 06/01/2017.

 

5) I worked for company B until 05/01/2015. I decided to go back to Company A and started working with them again starting 05/04/2015 and I am still with them. Since I moved again to Company A, I had to again apply for a new I797 and hence I also received a new I 94. The expiration date on this new I-94 is 04/05/2018.

 

Here's my question. 

 

Which I-94 expiration date takes precedence? Is it 04/05/2018 that's listed on the latest I-797 from Company A or is it 06/04/2014 that's listed on the CBP website which is based on the electronic I-94 that was issued when I last entered US?

 

I have also reached out to my attorney for clarification.