H1-B visa and I-94 dates

[ramyats]

Hello,

I am on an H1-B visa which expires on May 31st 2004. I recently travelled to India for a month during which time my H1-B visa extension petition was being processed. I didnt have the receipt or the new Notice of Approval when I travelled. During the entry to the US the supervisor stamped the I-94 dates as June 10th 2004 based on my visa validity. My new I-797 was issued when I was in India (April 10th) and is valid from June 1st 2004 to 2007.

Will the date on my I-94 be a problem for my stay in the US? Do I have to extend the I-94 date by applying all over again? I wanted to revalidate my visa in the US. Is it alright to apply for revalidation with this I-94 and my new I-797 which was issued prior to my entry to the US?

Please advise.

 

[nkm-oct23]

Hello,

I am on an H1-B visa which expires on May 31st 2004. I recently travelled to India for a month during which time my H1-B visa extension petition was being processed. I didnt have the receipt or the new Notice of Approval when I travelled. During the entry to the US the supervisor stamped the I-94 dates as June 10th 2004 based on my visa validity. My new I-797 was issued when I was in India (April 10th) and is valid from June 1st 2004 to 2007.

Will the date on my I-94 be a problem for my stay in the US? Do I have to extend the I-94 date by applying all over again? I wanted to revalidate my visa in the US. Is it alright to apply for revalidation with this I-94 and my new I-797 which was issued prior to my entry to the US?

Please advise.

The I-94 last issued to you (either at entry into US or as a part of I-797 approval notice) decides your period of authorized stay. In your case it looks like the I-94 issued upon entry is the one that prevails over the I-797 issued in April. You will have to apply for extension before June 10 otherwise you will be out of status and cannot work.