Recently, an Indian H1B worker returned to the United States with a valid visa stamp that expires in September, along with an approved extension notice that grants him three more years of stay. At the airport, he presented both documents and asked the officer to update his I94 based on the new approval.
What happened next caught him off guard. The CBP officers informed him that the new I797 couldn’t be used just yet. They explained that it can only be applied for within ten days of the current visa’s expiration. As a result, he was admitted using his old visa, and his I94 now reflects a much shorter stay than expected.
Also Read – Rethinking H1B: Privilege Hidden Behind Struggle
This kind of situation isn’t uncommon. Even with a valid extension, CBP may still rely on the older visa if someone tries to reenter too early. This can lead to confusion, as the I797 indicates one thing while the I94 shows something entirely different.
If the I94 isn’t corrected, it could mean the individual falls out of status after the date listed—despite having a valid approval. Some travelers opt to leave the country briefly and return to obtain a fresh I94. Others might visit a CBP deferred inspection office within the country to rectify the record.
Also Read – B-2 Visa Rejected in a Minute Over Son’s F-1 Error?
This mismatch highlights how crucial travel timing and the presentation of documents can be in determining legal status, even when everything seems in order on paper. For H1B holders, it’s often essential to check the I94 after every trip and take proactive steps to avoid larger issues down the line.
