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I last entered the US in January 2016. The H1-B visa I had stamped in my passport was expiring in December 2016 and my passport is going to expire in third week of August 2017. After that, when my H1-B visa was about to expire (before December 2016), my employer filed H1-B visa extension for me and we got that approved before my previous H1-B visa expired. New I-797 (H-1B visa approval notice) also has I-94 on the bottom half page on page 1. That has got 'expiry date' of May 2018.

Now, when I checked my electronically generated I-94 recently, it has the 'Admit until date' of August 2017, which matches with my passport expiration date. I have renewed my passport and now I have new passport with me, which is valid till 2027.

  1. Which is my current I-94 and the current Admit until date (one on electronically generated I-94 from CBP or the one on bottom half of I-797 received from USCIS)?

  2. Will I be out of status after 'Admit until date' on electronic I-94?

Please let me know.

Thanks in advance!

migrated from law.stackexchange.com Aug 10 '17 at 17:48

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    (1) the one that came with the I-797 replaces the one you got on entry. (2) no, the new I-94 replaces that one. (3) this kind of practical question about administrative matters is better suited to Expatriates. – phoog Aug 9 '17 at 19:52
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    I would vote to close as pertaining to a specific legal matter. Also, given the stakes, it is really worth your time and money to hire an immigration lawyer for an hour or two to get a definitive legal opinion on the issue. – ohwilleke Aug 9 '17 at 20:44
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Electronic I-94s and paper I-94s are both I-94s. When you got a new I-94 (the paper one came with your Extension of Status approval), that supercedes all previous I-94s (paper or electronic). The electronic I-94 on CBP's website you got from entry is now invalid. Your current I-94 is the one you got from Extension of Status which admits you until May 2018.

The CBP I-94 website only has electronic I-94s you get on entry to the US. Extension of Status and Change of Status are handled by USCIS, not CBP, and they will always give you a paper I-94; it will never show up on CBP's electronic I-94 website. That is normal and expected.

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