Multiple I-94s question

[GoshVaLabor]

Here is a trivial situation:

1. H1B extension approved on 1/12/2002 when the applicant is out of the country on vacation. This H1 has validity until 12/12/2002
2. The applicant returns on 1/19/2002 and at the port of entry gets a new I-94 card valid only till 5/9/2002 based on the old H1/visa, since the approved H1 is still in the mailbox.
3. Now once he is in the country, he has two I-94's. One from the extension valid till 12/12/2002, and the other obtained at the airport valid only till 5/9/2002.

Which is the valid I-94 of these two? If it is the later, then does the H1 have to be re-extended?

Regards.

[mgh2001]

The I-94 that was issued later governs ( in this case the one at the POE). In this situation the person has been out-of-status since May 2002 and is likely to be subject to 10 year bar as its been more than a year. Recommend talking to lawyer immediately to evaluate options

[badobo]

mgh2001 is correct.