US Entry Error: CBP Puts H-1B at Overstay Risk

An H-1B holder recently faced a serious I-94 error after re-entering the US. The CBP officer set the admit until date based on the visa stamp. This mistake now puts your legal stay at risk.

CBP Officer Sets Wrong I-94 Date

The CBP agent matched the I-94 expiry to the visa stamp ending in February 2026. This created a problem. The date should have matched the I-797B petition, which remains valid until 2027.

Common Error That Leads to Overstay

This type of mistake happens often and depends on the officer handling your entry. If unnoticed, it can cause an accidental overstay. That risk falls entirely on you, even though the error is not yours.

Importance of Carrying I-797 Approval

You must always show your I-797 approval at the port of entry. This helps the officer align the I-94 date with work authorisation. If the wrong date still appears, it counts as a clerical error.

Immediate Steps to Fix the Issue

You need to contact the CBP Deferred Inspection Site without delay. Request a formal correction to extend the I-94 validity. Acting quickly reduces the risk of falling out of status.

Email Option at Ports of Entry

Many Ports of Entry allow corrections through email. You can send scanned copies of your passport, visa, and I-797 notice. This option often resolves the issue without travel.

Worst Case Scenario Still Exists

If CBP denies the correction request, the situation worsens. You may need to exit and re-enter the US. This step generates a new and correct I-94 record.