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Do I need to leave the country before my current I-94(number: y) expire or does the I-94 with my I-797A(number:x) supersede it?
Anonymous3 views4 answers
Brief summary of my travel
June 2015: Enter the country with a valid visa stamp I-94 number: x valid till 22nd Feb 2016
October 2015: Go out of USA
Nov 2015: Enter USA with a valid visa stamp till Feb 2016, but this time I-94 number: y, valid till 22nd Feb 2016
Jan 2015: Employer files for H1B extension in premium processing. Employer receives email approval notice from USCIS and informs me the same.
I receive hard copy of I-797A today and notice that it is valid from 21st Feb 2016 till 20th Feb 2019, but the paper I-94 number on it is: x, same as the one I received when I entered the country in June 2015, different from my current i94 number y
My concern is since the I-94 numbers differ, if I'll go out of status on 22nd Feb 2016, when my current I-94 with number y expires.
We don't have a copy of the I-797 before us. When an I-94 is included at the bottom of the the I-797 it is your new period of authorized stay extending your original period of admission.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
The actual "numbers" on the I-94s do not matter any, these are different "case" numbers assigned to the petitions. The validity date on the new Form I-797 Approval notice will govern, as "last in time" ("last action rule").
Your employer may have attached the wrong I-94 to your request for extension of status. If CIS granted you an extension of status until 2019, then you should be in status until that date, but if you are concerned you may choose to consular process for the new H1b.
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
I am certain that a professional of your caliber, since you have been sponsored for your professional skills by a US based company, has a counsel of record, who could respond to your elaborate case narrative specifically based on the intimate knowledge of your case.
