I94 and H1B extension confusion!

K

koala72

New Member
Hi,

My current H1B visa expires on December 15, 2004.

I got my new H1B extension approval and I797 form on September 2, 2004 which is valid until December 16, 2005.

Last week November 2004; I entered US from my vacation; I didn't have a new H1B stamped on my passport yet. So, my current I94 on my passport expires on December 15, 2004.

My lawyer told me that the most recent I94 that I got in this trip (last week) that expires on Dec 15, 2004 "overrides" my latest extension that expires on December 16, 2005 ! and we need to file a new extension again. !!!!

Is this correct? This doesn't make a lot of sense to me.
Can you please reply in your earliest convenience?
Does the I94 issued at the border which naturally reflects the expiration date on the current visa, OVERRIDE the new H1B extension I797 that expires one year from now?

And Can I legally stay in the US until December 16, 2005 w/o filing a new extension?

Thank you.
 
koala72 said:
Hi,

My current H1B visa expires on December 15, 2004.

I got my new H1B extension approval and I797 form on September 2, 2004 which is valid until December 16, 2005.

Last week November 2004; I entered US from my vacation; I didn't have a new H1B stamped on my passport yet. So, my current I94 on my passport expires on December 15, 2004.


My lawyer told me that the most recent I94 that I got in this trip (last week) that expires on Dec 15, 2004 "overrides" my latest extension that expires on December 16, 2005 ! and we need to file a new extension again. !!!!
----------Lawyer is correct in saying that the I-94 you got is the last action. I think you did a mistake at POE when you entred, you were needed to show passport Visa AND new H1 extension approval that is valid till December 16, 2005 and the Inspector at POE was supposed to give you I-94 valid till december 16,2005 ( I hope you got the extended I-94 attached with your extensionapproval notice till dec 16,2005 and you gave that I-94 when you departed US, if that is true then you can get your I-94 corrected, talk to your lawyer or go to same POE that did mistake you can ask for supervisor and can ask for the I-94 date to be corrected, show your passport Visa stamp and your H1 extension approval that is valid till dec 16,2005 or ask your lawyer what to do.
Is this correct? This doesn't make a lot of sense to me.
Can you please reply in your earliest convenience?
Does the I94 issued at the border which naturally reflects the expiration date on the current visa, OVERRIDE the new H1B extension I797 that expires one year from now?

And Can I legally stay in the US until December 16, 2005 w/o filing a new extension?
----- you need valid I-94 till december 16,2005, you can get it corrected if it was mistake of POE officer or seek the advice of your lawyer, you should also try to visit local USCIS office with Infopass and see if they are able to correct the I-94
Thank you.
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