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Multiple I-797a I94 Validity

Discussion in 'Nonimmigrant Visa Validity' started by johnf784, Jun 17, 2017.

  1. johnf784

    johnf784 New Member

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    My i-797a expired in 4/23/2017. My employer duly filed my extension in December 2016 and I got a new i-797a valid from 4/24/2017 - 4/23/2020. This new i-797 has a i-94 attached to it which expires on 4/23/2020.
    When I visited my home country in January and got a new visa stamped till 4/24/2020 (there is no change of employer). Upon my arrival I presented the office at the POE with the new i-797a which is valid the 4/23/2020, he stamped my passport with admit until date of May 2020.
    Seconds later he asked me show my current i-797a which is valid till 4/23/2017, he then cancelled the 2020 stamp and updated that to 2017. He also told that I need to check with my lawyers if I need to get my i-94 updated without leaving the country or I can travel out the country and come back to get my i-94 updated (Given the current state of affairs I want to avoid this if at all possible ).
    My company's immigration team tells me that the officer made a mistake and I can rely on the the i-94 attached with with the new extension and should have automatically kicked in once the POE i-94 expires based on "last action rule".

    My POE extension expired on 05/03/2015. My question is that did i-94 automatically kick in or should I visit the CBP office to get it corrected ? And have I accrued any illegal time. I have plans to travel outside the country in September, can I wait till then since I will not have passed 180 days if my i-94 has indeed expired.
     

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