I-94 expired. I-797 valid.Do I have any options?

HI. You should have been informed that when you traveled in May 2009 you should have gotten your passport stamped with the new H-1B visa from the new company...instead you came in with your old (and really not valid visa since you were no longer working for your old employer) and that's why your I-94 reflects the expiry date of your OLD H-1B!!! These sort of things sometimes happen when person's passport is about to expire as they reenter the country..in those cases its usually alright to go customs at the airport and take care of the situation right then and there....they will usually give you a new I-94....however...your situation is a bit different in that you actually came in on an unvalid H-1B visa....I don't know if going to customs is going to help you........i would def. hire an attorney to handle this....

This is a matter which needs to be corrected by the local Deferred Inspecion unit of CBP. If you presented your current (new) H-1B approval notice with the old but then valid H-1B visa, you should have been admitted to the expiration date of the new petition. Under these facts either the you failed to produce he approval notice of the inspector admitted you believing that you were still working for your old employer. in any event, it is correctly by the deferred inpsections unit. Some Deferred Inspection offices will allow attorneys to present your documents and they will issue a corrected I-94 without the need for you to be present. Others require the presence of the alien. In any event, I never recommend that an alien appear at deferred inspection without counsel. Too many things can go wrong.