I94 Given for 2 years past valid I797 expiry

jayu54

New Member
Dear Friends,
I need your help in this matter. My I 797 is going to expire in Jan 2013. As my labor is pending for less than 365 days, I am no longer eligible for another extension.
For personal reasons, I left the country and came back after successful stamping. However, at Port of entry, the visa officer stamped my I94 till jan 2015. I asked, why so? I should have been given I 94 for next 2 months only. I was told its something they do lately, and i can work legally for 2 more years on h1 based on this new i94, however if I left country in between, I can not reenter as I do not have a valid 797 past jan 2013

Friends,moderators plz advise me,
1. Can I work after Jan 2013 legally without being out of status?
2. Does new i94 given at port of entry take precedence over i797?
 
1) I-94 given at the airport takes precedence over any previously issued I-94 (including ones issued with I-797).

2) Your latest I-94 date reflects how long you can work. In your case, you can work until Jan 2015.
 
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