H4 Expired I-94 but valid I-797

White, it is clear that we disagree on the validity of the I-797-issued I-94. That is fine.

You say The CBP-issued I-94 from Oct 2017 one supersedes the one from I-797. OK. Then why is their lawyer bringing "last action"? If CBP supersedes the I-797, then there can be no claim that USCIS was the last action, since the CBP would be the last action, and the person is out of status. I didn't bring it up. They did.

The lawyer can only be claiming "last action" if they believe, like I do, that the USCIS issued I-797 is indeed the last action.
 
For argument purpose did it ever click to you why CBP officer gave her I-94 until Sep 2017 whereas her old I-94 is already expired or will expire in Dec 2015. She was allowed entry based on new I-797 which is valid until Dec 2018 & since passport is not valid until Dec 2018 & was expiring in Sep 2017 therefore officer knocked off remaining period of stay to limit to passport expiration i.e. Sep 2017. Had she travelled before she should have got I-94 until Dec 2015.
 
When you leave North America, you always get an new I-94, regardless of what the previous one might have stated. The officer "saw" the new I-797 and took it upon himself to give a longer than needed "interim" I-94, knowing full well that the USCIS one would eventually take over. There is some antagonism between CBP and CIS on I-94, which often resorts to having to use last action.
But, last action on this case is still the Dec 2015 I-94, which expires in December 2018....probably at the same time this thread will eventually wind down.
I'm done, however.
 
H clock, is the regular 6-year limit on h1. I'm guessing that doesn't apply to you because of AC21. Is it possible that they only grant H1 for one year at a time after the six-year limit? It should still be 3-year increments regardless. Sounds like an error was made somewhere .
 
nelsona said:
H clock, is the regular 6-year limit on h1. I'm guessing that doesn't apply to you because of AC21. Is it possible that they only grant H1 for one year at a time after the six-year limit? It should still be 3-year increments regardless. Sounds like an error was made somewhere .
Click to expand...
Error is from my new lawyer. They did not explain my situation in right way. I have got 3 year extensions 5 times since 2005.
 
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