Some info first: My I-94 expiry: Aug 2022 H-1B stamp expiry: Aug 2022 I-797 expiry: Mar 2023 Passport expiry: 2025 Every I-797 has a I-94 record on bottom left which has same dates as the parent I-797. My I-797’s I-94 expires Mar 2023. All good. I came back from India recently and my passport was stamped with an end date of Aug 2022 even though I showed the latest I-797 to the visa officer. Now I understand that I can get it corrected by going to local CBP office or Canada/Mexico border. However, I came across this post on fb which talked about two types of I-94. The online one which only updates when you enter US and the one you get with I-797. Since the latter works fine for me, do I still need to get my online I-94 corrected?
Min(passport expiry,i797). Happened to me once when my passport was expiring before the i797. Once you renew the passport you can request an extension for i94
Your I797 I94 is good enough until you are in US right after receiving i797 and dont cross borders. As soon as you cross borders, the stamped I94 you get while entering kicks in. You can get your i94 extended after passport renewal. So, the latest I94 received is always applicable
I don’t need to renew my passport until 2025. For the time being, should I get it corrected by local CBP or Can/Mex border?
So why do you want to get it extended then? You are good till 2022. Before you i94 expires, your visa renewal will kick in and your i94 will be extended again
Quit US and lets all go to 🇨🇦
And lets loose half our paycheck and keep waiting in line for all non-emergency medical issues. Yay!
I would check with your immigration attorney instead of following a Fb post
Last action rules - Since your last action was re-entering US , the expiry date set on that action over rules all past documents i.e. your validity of stay expires Aug 2022 - Been through the same situation in the past - employer filed for an extension
Can an employer file for an extension before 180 days of the I797 expiring? I don't think so.
Thank you, so I have a few options: 1. Get a new stamp before Aug 2022 that would show expiry as Mar 2023. 2. Goto Can/Max border and extend the i94 to Mar 2023 and avoid visa stamping. 3. Contact local CBP to update my i94 to Mar 2023. My problem with option 1 is that Mar 2023 is too close to Aug 2022. I would ideally file for another H1B extension in Jan 2023 that would last me until 2026. In that case, my H1B stamp would be too short lived. Also, in Aug 2022, I cannot apply for extension (and get a new i797) bc my current i797 is still 6+ months away.
Ran into same situation, go to CBP and explain to them, they will issue your corrected i94 with your further date. Be nice to the officer though...
Thanks CAGR, DMd you.
My employer filed my extension 180 days before i94 expiry. New I797 came with extended i94 which is the latest now. This is the best option IMO given the current pandemic situatuon
UPDATE I called up JFK airport CBP and explained my situation. They updated my I94 within minutes. Now it has the same “Admit Until” date as my new I-797.
This is the fb post that I saw