I have my H1 visa till 10/2005 from my previous company. I joined a new company and my I-94 for the new petition expires in 10/2007. Recently i went to India and did not get a new Visa stamp and I surrendered both I-94 (from previous company and new company) at the airport while leaving US. When i returned back to US at the port of enty i was given a I-94 till 10/2005 and not 10/2007. Does this mean i need to leave this country after 10/2005 or can i continue to stay based on new petition approved date of 10/2007 present on I-797?
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H1 visa expires but not I-797
- Thread starter Som_kk
- Start date
Som_kk said:I have my H1 visa till 10/2005 from my previous company. I joined a new company and my I-94 for the new petition expires in 10/2007. Recently i went to India and did not get a new Visa stamp and I surrendered both I-94 (from previous company and new company) at the airport while leaving US. When i returned back to US at the port of enty i was given a I-94 till 10/2005 and not 10/2007.
------ you were supposed to show valid passport Visa stamp AND new H1 approval notice at POE and POE officer was supposed to give you I-94 valid till 10/2007. If you have not shown the new H1 approval notice then it is your mistake, if shown then POE officer mistake and you can go to POE and ask for superviser and can get new I-94
Does this mean i need to leave this country after 10/2005
----- go out of US BEFORE the I-94 expiry date and Enter again BEFORE the Visa stamp expires or talk to your lawyer I think you can file form I-102(not sure about form#)
or can i continue to stay based on new petition approved date of 10/2007 present on I-797?
----NO, becase you need I-94 till 10/2007
Thanks Ginnu, during the POE i asked the immigration officer and she told me that she can issue me I-94 based on my visa and not on the I-797. But she mentioned that i can stay till 9/2007 because my I-797 expires then. Looks like the officer made a mistake about this. Do you think the best approach would be to reenter the country since my visa expires in 9/2005 or go through some lawyer?
Som_kk said:Thanks Ginnu, during the POE i asked the immigration officer and she told me that she can issue me I-94 based on my visa and not on the I-797. But she mentioned that i can stay till 9/2007 because my I-797 expires then.
--Mistake of POE officer, go to POE as for supervisor and get I-94 corrected,
Looks like the officer made a mistake about this.
Do you think the best approach would be to reenter the country since my visa expires in 9/2005
----- Better reenter US BEFORE 9/2005 AND that time at POE get I-94 till your H1 approval if POE officer makes mistake you can ask for supervisor.
** I have read somewhere that now you can go to any POE and get your I-94 corrected(i am not sure about that)
or go through some lawyer?