I94 expires in less than 3 months, I797 is valid till Next year

[sridhar4frnz@gmail.com]

Hi, 

 

Please advice me, 

 

I have joined CompanyB on Jan 20, 2015 and transferred my H1B Visa from CompanyA.

I have recieved a new i797 from CompanyB which is valid till 08/31/2017.

However I travelled to India last September and returned back without stamping a new visa as my previous Visa on my passport was still valid.

My I-94 is not updated as per the recent I797 and showing the admit until date as July 31, 2016(As per previous visa). Please advice me if I need to take any action regarding this. 

 

 

Thanks,

Sri

[JoeF]

Of course you need to take action.

The I-94 determines how long you are in valid status.

[Immiraghav]

Hi Sridhar,

 

Please check if your passport is expiring on July 31, 2016..

 

[sqlsatyam]

Hi Sridhar,

 

Did your new 797 from companyB come with an extended i-94 that matches with your H1 Validity date?? if yes, then this looks like an error and can be corrected by going to the Deferred Inspection office. the below link has more details. You need to take your passport, valid 797 and they will correct the error.

 

https://help.cbp.gov/app/answers/detail/a_id/1683/~/i-94-automation---admitted-to-u.s.-with-wrong-information 

 

If your 797 does not have the extended i-94 or it has the wrong date, then i think the only option is to file a fresh i-129 and get it extended. Talk to your company's attorney if this is the case. Hope this helps.

 

Satyam