I94 not updated online after H1B transfer and travel

USA H1B
1

Hi Anil, looking for a solution and suggestion on below scenario:

I was working with employer A with valid visa until dec 2019, with I94 no say I94A.

Employer B filled my h1 transfer, it got approved and the i94 no in I797 is the same as I94A. Now i have joined employer B.

Issue is, before joining the employerB i went to india and the latest i94 on website is update. It is not the same which I got on my new i797a.

So in short, on New I797A i have i94 valid until 2021 but on I94 record on website it is dec2019.

Can i get that updated somehow while being in USA?
If yes, how??
If not,What are other options?

Thanks in advance!!!

2

When was the H1B Transfer approved? Before your travel or after your travel to India?

Assuming transfer was approved before your travel, you should have shown the new i797 at port of entry to get new extended i94.

Have you told your new employer that you traveled outside USA before joining them? I am sure you have not.

Did you show the new i797 at port of entry?

3

Hi,

  1. My H1 transfer got approved 2 days before my travel, I didn’t have the new documents while I travelled to India.
  2. I told my new employer that I am travelling outside USA after coming back i will join you.
  3. No, I didn’t show new I-797A because I didn’t have that with me.

Thank you

4

Hi @Anonymous07

In that case, you have most probably over stayed your i94 as you did not get a new i94 when you entered US. The last action is taken into account while judging your legal status in US.

You should immediately talk to your employer and decide on what to do here.

The safest option is to leave US and re-enter and show your new i797 to get i94. Remember that you will need a valid H1B visa to enter US.

5

Hi,

  1. My most recent I-94 which is on cbp website, is valid till 15th Jan 2020 (2 months away from now).
  2. My I-94 mentioned on new I-797A is valid upto Mar 2021.

There is no way I can get it updated by raising a request in CBP or somewhere?
If no, than can I go to Mexico or Canada and get my I-94 approved?

Thank you

6

Earlier, you said your i94 on CBP site is showing as Dec 2019. Now, you have changed your date to 15 Jan 2020.

Are you sure you are looking at correct i94 and dates?

You will need a valid stamped visa in your passport to get new i94 by visiting Mexico or Canada border.

If you are sure that your most recent i94 is valid till Jan 15, 2020, then you can also file H1b extension to get a new i94.

7

Hi, Sorry to confuse you. In my last reply, I told you actual date.

I have stamped VISA, for 1.5 more month (Jan 5 2020, thus I-94 expiry date is Jan 15, 2020), so can I go to Canada Border (say this weekend) and get new I-94 by showing them new I-797A.
Is there any complication here??

OR as a last option,

Can I plan to go to India before my I-94 expired, i.e. before Jan 15, and come back with stamped VISA?

Thank you for your time and response.

8

Both options are fine as long as you have a valid H1B stamped visa to enter US.

9

Hi @Anil.Gupta mine is similar situation but little different, i travelled to india after h1 transfer approved which has i94 in it, using my old visa which was still valid, but at the port of entry i showed the new petition which has i94 with extended stay date, but cbp officer did not update new exp date online on i94 portal, what is needed to be done in this case.

10

Hi @Abhay_Deshpande

Visit local CBP office or call them or email and they should be able to fix the i94 date.

11

Hi There

My 797 got approved with a new i94 date. However, the CBP website still shows the old date which is 30th Sept 2020 (still a month left).

I went for Driving license extension and they said that the i94 date has to be updated on the i94 site with the new approval notice 797 date. However, I see at various sources that the i94 is only updated on i94 website after I travel out of the country.

Can anyone suggest from their personal experience or knowledge, when my i94 will be updated on the i94 website. Will it be after the current date has passed, which is 30th Sept 2020, or can I do something to get this updated, other than leaving the country and coming back.

12

@Anil.Gupta Can you please suggest?
I saw that you have been answering most of the questions here, so would appreciate your time guiding me on the same.

13

Hi @aakarsh.gupta8

The new i94 (paper) is attached to your approved i797 notice. That’s enough.

This is usually not updated online on CBP website.

You can show your paper i94 to the DMV as it is a legal document and is legally acceptable.

14

Thanks Anil!

I did take the document i797 with me to the DMV, but they were adamant about the update of i94 on the CBP.
What are my options here? Is there somewhere I can refer a resource mentioning this?

I tried both websites USCIS and CBP websites but couldn’t find the mention.

Regards
Aakarsh

15

Try a different DMV office on your area.

16

Aakarsh,

From what I know, if DMV does not find updated records in their system, they would want to follow-up with USCIS.

They take the copy of your document, create a SAVE case to USCIS and give you a printout with case #, etc details.

You can track down your case online on SAVE website and once it’s complete, you can go to DMV and get your DL renewed.

Yes, DMV wants to be triple sure before issuing DL and hence this process. Possibly because they don’t have a concrete way to validate if that ‘green paper’ (I797 + I94) is legit or not. Just some thoughts. Hope this helps…