Online I-94 does not reflect the latest I-94 received with approved I-797? Which I-94 is valid?

U

Uday029

New Member
I entered USA in mid 2017 (on H1B). The I-94 I received at that time had an admit until date of 08/28/2018. However, I applied for a H1B transfer in late 2017 and got an approved I-797 with a new I-94. The new I-94 I-94 says "VALID FROM 11/20/2017 UNTIL 11/29/2020". Also, I recently applied for a new passport since my old passport (with a valid H1B stamp) was going to expire.

So when does my I-94 expire? When I look up online on the DHS website, it still shows the old I-94 with admit until date of 08/28/2018.

Thanks.
 
When you entered into country your period of stay on H status would be limited to visa validity or H-1B approval period from USCIS. Since you entered on H-1B in mid 2017 at that time your period of stay was limited to 08/28/2018, subsequently you applied for H-1B transfer so USCIS EXTENDED your period of stay & gave I-94 that supersedes previously issued I-94. If there is I-94 attached to your recent H-1B approval then you are good to stay until its validity. US CBP website would still shows same old I-94 dates since it shows traveler's entry & exit date into USA not what you got from USCIS while being within country.
 
  • Wife on H4 travelled to India Oct 2015 with then current I797 (Dec 2012- Dec 2015) and new I797 (Dec 2015-Dec 2018)
  • Wife’s passport at the time of travel had passport expiration date of Sep 2017
  • Wife’s I-94 got stamped with a date of Sep 2017 based on passport expiration date
  • Wife got passport renewed Aug 2017
  • We did not know we had to renew I-94 after passport renewal until now when we had to renew our H visas and is past 10 months from I-94 expiration date
  • Wife on H4 with valid I797 (expiring Dec 2018)
  • We are applying for H1/H4 renewal with Premium Processing
  • Should we take the risk and apply I-539 even though I-94 expired or should we correct I-94 at CBP office (email/person)
  • What are other options as my wife is 7 months pregnant and have an autistic child
 
My opinion is that the I-94 issued with I-797, effective December 2015 and valid for 3 years is the current I-94, by last action doctrine, since its effective date is more recent than your last CBP-issued I-94, and that you are thus still in status. Do you still have that paper I-94 from the I-797? This is the one that should be referenced when submitting I-539 along with your I-129.
 
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