Work VisaNov 20, 2019
eBayfugdt

Expired I-94 on h1b

My latest h1b extension approval came on Jan 15, 2019 (valid from 2nd May 2019  till 2022) After that, I traveled out of the country from Jan 30, 2019 to Feb 3, 2019.  However, on point of entry, officer stamped validity till 1st May 2019 (on the passport and on their online I-94 website).Probably because my current visa stamp is till 1st May 2019. I was worried that I am out of status already. So I clarified with my current immigration lawyers and they think it's ok.  Technically the effective date of I-94 (attached to I-797) is future dated (2nd May 2019) and that can be considered as the last action date (instead of I-94 date on POE). I find mixed answers online. anyone ended up in this situation? Did it create problems in future for you? tx tc: 215k yoe 9

Apple gary29 Nov 20, 2019

You are fine

eBay fugdt OP Nov 20, 2019

Tx, any experience?

Infosys Seeker51 Nov 20, 2019

Take your passport and latest 797 to local cbp office. They can extend and stamp your passport. In case, if you showed your 797 in port of entry, they would have stamped it till 2022.

eBay fugdt OP Nov 20, 2019

6 months back my Visa stamp and I 94 expired, I feel it's very less likely they accommodate, also they might ask me to leave country, if I go with lawyers advise I can stay in Gray area of effective date

Infosys Seeker51 Nov 20, 2019

Should be fine, I guess.

Amazon trailblzer Nov 20, 2019

You should have let the CBP officer know about your new I-797. The i94 online needs to be updated. You might have to travel and come back with new visa stamp. Don’t consider this is fine. Talk to your immigration team- I am sure they’ll suggest you the get the i94 updated

Apple Bro! Nov 20, 2019

You need your I94 date up to date and consistent with your I 797. I had this issue when they were filing for my I 140 And I had to go the nearest CBP office and get it fixed. Took 5 mins.

Amazon trailblzer Nov 20, 2019

OPs visa is expired. This might change things for OP.

Apple Bro! Nov 20, 2019

No should’t matter. I had an expired visa as well.

Daimler jackmaa Nov 20, 2019

I94 decides whether your stay is valid or not. You should exit and get visa stamped

eBay fugdt OP Nov 21, 2019

Ok I verified with two separate law firms and they both agree I don't need to do anything. reason is although I received i797 approval before Poe, the effective date on i797 is later , so that superceds Poe I-94 date