Expired I-94 not matching with I 797B end date

[DesiGuy2019 0]

Hi,

 

I am in a situation where my I-94 is 3 months past the expiry. I 797 is valid till 2021 with no I-94 attached to it. 

It was processed in consular processing and I entered country based on previous employers H1 B visa stamping. 

 

Can you please suggest how to correct the I-94 and what documents would I need?

[USS_Voyager 1,972]

31 minutes ago, DesiGuy2019 said:

I am in a situation where my I-94 is 3 months past the expiry.

Oh no, you're out of status. 

 

31 minutes ago, DesiGuy2019 said:

It was processed in consular processing and I entered country based on previous employers H1 B visa stamping.

That shouldn't have mattered. Did you give the CBP guy your newst I-797 at the time you last enter? They are not supposed to set the expiry of the I-94 based on the visa stamp. They are supposed to set the expiry of the I-94 based on one of the following:

 

- Expiry of your I-797. Hence, if you didn't give them the newest I-797, they would have gone with the previous one. 

-Expiry of your passport, if it is earlier than the expiry of the I-797. 

 

In any case, you are currently out of status. You have to leave the US and return and upon returning, you give CBP the newest I-979 and they will give you new I-94 to match. Bring all your documents with you for an oversea trip. Some people go to a border town like San Diego, leave the border and head toward Mexico and turn around right back to go through CBP.

 

Good luck!

[DesiGuy2019 0]

I gave them the current I 797 with 2021 as the end date.

Can't I go to the local CBP and ask them to update the I-94 date based on my new I 797?

 

Anyone has dealt with such a scenario?

[USS_Voyager 1,972]

On 11/15/2019 at 4:43 PM, DesiGuy2019 said:

Can't I go to the local CBP and ask them to update the I-94 date based on my new I 797?

A limited amount of people had success doing that. You can always try. But if they refuse, your only course of action is to leave the US border and return to get another I-94. You are fine now, but if you accumulate 180 days since the date the I-94 was expired, you will be banned from the US for 3 years. So whatever you do, gotta do it quickly. 

 

On 11/15/2019 at 4:43 PM, DesiGuy2019 said:

Anyone has dealt with such a scenario?

Yes yes yes, people deal with that all the time. Just google "I-94 renewal" or something, you will see threads from various places. 

[igoyougoduke 1,667]

On 11/15/2019 at 2:43 PM, DesiGuy2019 said:

I gave them the current I 797 with 2021 as the end date.

Can't I go to the local CBP and ask them to update the I-94 date based on my new I 797?

 

Anyone has dealt with such a scenario?

if they dont correct at CBP you can cross over to canada to get a new i-94