Arrival record current petition / future dated petition confusion


I and my spouse entered the USA on May 29th,2022 and my port of entry was DFW.

My Scenario(on H1B Visa).

I have two valid visa stamps on my passport - one is based on the current petition which is going to expire on May 31st,2022 and another one is based on the latest I-797 petition which has a start date of June 1, 2022, and end date of May 31, 2025. The visa stamp has validity until March 24, 2025.

However, it sounds like I was given I-94 validity until May 31st, 2022 based on my visa stamp associated with my current petition which is set to expire on May 31,2022. Is this normal or I should have got the I-94 validity based on the I-797 which is going tostart on 6/1/2022?

Do I need to visit nearest CBP deferred inspection site to get something corrected or Am I good to use the I-94 attached to my I-797 starting from 6/1/2022?

I spoke with someone at DFW over phone and they said they cannot take future dated petition for I-94 validity.

My spouse Scenario (H4 Visa).

My spouse has her H4 Extension of stay (Form I-539) in progress with the USCIS and I have the receipt notice with me dated Feb 2022. My spouse’s visa stamp is also expiring on May 31, 2022. Based on my previous email conversation with the CBP, I was expecting her I-94 to get updated to reflect the I-797 of the H1B visa holder. However, her I-94 has also been set to expire on May 31,2022.

Does she needs to get something corrected or is she good based on her H4 Extension of stay which is still in progress with USCIS?

Your I-94 attached to the new I-797 will take effect from 1st June so I dont think you need to take any action.

She should be considered in ‘period of authorized stay’ as she has a pending extension of status application.

You can consult your employer’s immigration lawyer to double check.

Is it like the latest i94 takes superiority and hence the new I-797 I-94 won’t be applicable?

If the start date on the I-94 is 1st June wont that be the most recent even if approved in past?
Did you talk to your lawyer and ask them?

I didn’t because I got my I-94 corrected after visiting the CBP officer until 2025. I was wondering if you had any USCIS source stating the same and hence asked.